The High Court did not even make any reference to him. It is a settled legal proposition that in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. the conclusions of the courts below are contrary to the evidence on record or its entire approach in dealing with the evidence is patently illegal, leading to miscarriage of justice or its judgment is unreasonable based on erroneous law and facts on the record of the case, the appellate court should interfere with the order of acquittal. While doing so, the appellate court should bear in mind the presumption of innocence of the accused and further that the acquittal by the courts below bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference.
(See: Babu v. State of Kerala (2010) 9 SCC 189; Dr. Sunil Kumar Sambhudayal Gupta and Ors. v. State of Maharashtra, (2010) 13 SCC 657; Brahm Swaroop and Anr. v. State of U.P., AIR 2011 SC 280; S. Ganesan v. Rama Raghuraman and Ors., (2011) 2 SCC 83; V.S. Achuthanandan v. R. Balakrishna Pillai and Ors., (2011) 3 SCC 317; State of M.P. v. Ramesh and Anr., (2011) 4 SCC 786; Abrar v. State of U.P., (2011) 2 SCC 750; and Rukia Begum and Ors. v. State of Karnataka, (2011) 4 SCC 779)
