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Volume No - 13     Issue No - 18

The judgment of the trial court cannot be set aside merely because the High Court finds its own view more probable. Unless the High Court finds that there is complete misreading of the material evidence which has led to miscarriage of justice, the view taken by the trial court which can also possibly be a correct view, need not be interfered with. This self-restraint doctrine, of course, does not denude the High Court of its powers to re-appreciate the evidence, including in an appeal against acquittal and arrive at a different firm finding of fact.

Judgement as it is


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