SUPREME COURT REPORTS [2011] 5 S.C.R. 1

Appeal – Appeal against acquittal – Power of appellate court – Scope –Held: The appellate court being the final court of fact is fully competent to re-appreciate, reconsider and review the evidence and take its own decision – Law does not prescribe any limitation, restriction or condition on exercise of such power and the appellate court is free to arrive at its own conclusion keeping in mind that acquittal provides for presumption in favour of the accused – If two reasonable views are possible on the basis of the evidence on record, the appellate court should not disturb the findings of acquittal. Criminal jurisprudence – Presumption of innocence – Held: Every person is presumed to be innocent unless he is proved guilty by the competent court. Code of Criminal Procedure, 1973 – ss.161(2); 313(3); and proviso (b) to s.315 – Rule against adverse inference from silence of the accused – Held: Statement of accused u/ s.313 Cr.P.C. can be taken into consideration to appreciate the truthfulness or otherwise of the prosecution case – However, as such a statement is not recorded after administration of oath and the accused cannot be cross-examined, his statement so recorded u/s.313 Cr.P.C. cannot be treated to be evidence within the meaning of s.3 of th