Code of Criminal Procedure, 1973; Section 378,386 – When an Appellate Court deals with an appeal against an order of acquittal, it is no doubt true that the Appellate Court has to re-appreciate the evidence of the prosecution witnesses. After reappreciating the evidence on record, the Appellate Court has to examine whether the Court which passed the order of acquittal, on the basis of the same evidence, could have recorded a finding of acquittal. In other words, the Appellate Court has to examine whether the finding recorded by the Court acquitting the accused is a possible finding, which could have been arrived at on the basis of the evidence on record. If the answer to this question is that the view taken by the Court which acquitted the accused is a possible view taken on the basis of the evidence on record, only because the Appellate Court is of the opinion that a contrary view is also possible, it cannot interfere with the order of acquittal. The reason is that the presumption of innocence is further strengthened by the acquittal of the accused. (Para 5)
Criminal Trial – An accused has a right to cross-examine a prosecution witness – Not allowing the relevant questions to be put to the eye-witness, who is stated to be the independent witness, causes serious prejudice to the defence of the accused. (Para 17-18)