Gujarat High Court

Appellate Court cannot interfere with acquittal unless findings are perverse or based on manifest illegality.

STATE OF GUJARAT vs THAKORBHAI NATHUBHAI MODI

Gujarat High CourtJUDGMENT: June 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The State of Gujarat filed an appeal against the judgment dated 26.02.2009 passed by the Additional Sessions Judge, Bharuch, which acquitted the respondents of offences under Sections 420, 471, and 114 of the IPC

Source reference: p. 1

The case originated from an FIR lodged in 2003 by an officer of the Central Bank of India, alleging financial fraud involving a forged draft

Source reference: p. 2

The Trial Court had initially convicted Respondent Nos. 1 and 2, sentencing them to three years of simple imprisonment

Source reference: p. 2-3

During the pendency of the appeal, both Respondent No. 1 and Respondent No. 2 expired, leading the appeal to abate against them

Source reference: p. 3
02

Issues

1. Whether the Appellate Court erred in law and fact by reversing the Trial Court’s conviction and acquitting the respondents of charges under Sections 420, 471, and 114 IPC

Source reference: p. 4

2. Whether the prosecution proved the guilt of the accused beyond reasonable doubt, specifically regarding their knowledge of the forged nature of the bank draft

Source reference: p. 6

3. Whether there is any manifest illegality or perversity in the Appellate Court's findings that would warrant interference by the High Court

Source reference: p. 7
03

Law Applied

The court applied the fundamental principles of criminal jurisprudence, specifically the "double presumption of innocence" which is reinforced upon an acquittal

Source reference: p. 7

It relied on the standard of proof "beyond reasonable doubt."

Source reference: no citation

The court cited the landmark precedent Chandrappa and others v. State of Karnataka (2007) regarding the scope of appellate interference in acquittals, emphasizing that if two reasonable conclusions are possible, the one in favor of the accused must be preferred

Source reference: p. 8-9

It further integrated principles from Rajesh Prasad v. State of Bihar (2022) and Babu Sahebagouda Rudragoudar v. State of Karnataka (2024) regarding the necessity of identifying "manifest illegality" or "perversity" to overturn an acquittal

Source reference: p. 8
04

Reasoning

The High Court observed that the prosecution failed to provide sufficient evidence to establish a direct link between the respondents and the alleged fraud beyond their status as joint account holders

Source reference: p. 6

The court noted a significant lacuna in the prosecution's case, observing that bank officers failed in their duty to verify the validity of the draft before crediting the account

Source reference: p. 6

Applying the Chandrappa doctrine, the court reasoned that the Appellate Court's decision was based on a thorough appreciation of the evidence and that the Trial Court had "miserably failed" to account for these evidentiary gaps

Source reference: p. 6

Since the findings of the lower appellate court were not perverse or illegal, and because the respondents had since expired, there were no "firm and weighty grounds" to disturb the acquittal

Source reference: p. 9-10
05

Holding

The High Court dismissed the appeal and confirmed the judgment of acquittal passed by the Additional Sessions Judge

The Court held that the prosecution failed to prove the charges beyond reasonable doubt and that the Appellate Court’s findings were legally sustainable

Source reference: p. 10

Consequently, the bail bonds were cancelled

Source reference: p. 10
Gujarat High Court

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STATE OF GUJARATvsTHAKORBHAI NATHUBHAI MODI

Gujarat High Court · June 17, 2026

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