Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 408 & 506-B---Criminal Procedure Code (V of 1898), S. 417 (2-A)---Appeal against acquittal---Criminal trespass and intimidation by threats---Scope---Accused had executed rent agreement with the complainant, which was mutually cancelled by the parties and the possession of the land was handed over to the complainant---Complainant alleged that on the next day accused with his accomplices entered the premises by breaking the locks and threatened the complainant of dire consequences---Initial inquiry was conducted and the case was recommended to be disposed of but after second inquiry challan was submitted by the police---Evidence showed that there was no eye-witness of actual occurrence and prosecution witness admitted that possession was handed over after receiving rent---Prosecution had failed to show criminal trespass, or even criminal intimidation by threatening the complainant, and no prosecution witness had deposed that the criminal trespass was committed by accused---Evidence did not show the offence committed under Ss.408 & 506-B, P.P.C.---Trial Court had correctly stated that the accused's involvement was highly doubtful---Impugned judgement of Trial Court was neither perverse nor reasons assigned therein were artificial and flimsy or based on misreading or non-reading of evidence---Appeal was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Appraisal of evidence---Principles---Appraisal of evidence at appellate stage for acquittal should be totally different than in the cases where the accused was convicted by the Trial Court---Appraisal of evidence in appeal against conviction was to be done strictly and in appeal against acquittal, the same rigid method of appraisement was not to be applied since there was a finding of the Trial Court, after proper analysis of evidence on record---Interference in appeal against acquittal would only be made if there was a gross misreading of evidence which would amount to miscarriage of justice---Appellate Court would not interfere merely because of re-appraisement of evidence it came to a conclusion which was different than…

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