Summary
The Sessions Court acquitted an accused charged with stealing and destroying a settlement bond from an official file. The High Court set aside the acquittal in revision and remanded the appeal. The Supreme Court restored the acquittal because the appellate court had fully considered the evidence, identified serious deficiencies in proof of the bond, and correctly excluded the alleged police confession.
Issues
- Whether the High Court had sufficient grounds to set aside the reasoned acquittal.
- Whether the alleged voluntary statement to police could establish the offences without any discovery.
Held
- The appellate court properly considered both oral and documentary evidence, including cross-examination. Failure to examine the other alleged signatories or obtain the original official file created substantial doubt about the settlement bond. Other circumstances and delay in the complaint further supported acquittal. (¶¶ 5–6, 9–10)
- The alleged confession to the investigating officer was inadmissible under Sections 25 and 26 of the Evidence Act. No recovery attracting Section 27 was claimed, so the trial court could not rely on that statement to establish guilt. (¶¶ 4, 6, 10)
- The High Court’s assertion that the Sessions Court had failed to appreciate the record was factually incorrect. Its grounds were insufficient to overturn the reasoned acquittal. (¶ 9–11)
Result
Appeal allowed; the High Court’s remand order set aside and the Sessions Court’s acquittal restored.