Before adverting to the merits of the case in hand, the broad principles which may be taken into consideration by the appellate Court while dealing with the appeal against acquittal can be analysed. In several decisions of the Hon'ble Supreme Court, the law relating to exercise of the powers under Section 378 of the Code of Criminal Procedure has been summarised. The judgment of acquittal has the obvious consequence of granting freedom to the accused. The consistent view of the Court is that unless the judgment in appeal is contrary to evidence, palpably erroneous or a view which could not have been taken by the Court of competent jurisdiction, keeping in view the settled canons of criminal jurisprudence, the appellate Court shall be reluctant to interfere with such judgment of acquittal. It is also held in several decisions that the penal laws in India are primarily based upon certain fundamental procedural values, which are right to fair trial and presumption of innocence. A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such presumption which could be interfered with only for valid and proper reasons. Wherever there is perversity on facts and/or law appearing in the
