A. Code of Criminal Procedure, 1973 (2 of 1974), Section 378, 386 -- Appeal against acquittal – Power of Appellate Court -- Appellate Court has full power to review and reappreciate evidence in an appeal against acquittal u/s 378 and 386 of the Cr.P.C. -- However, due to the reinforced or ‘double’ presumption of innocence after acquittal, interference must be limited -- If two reasonable views are possible on the basis of the record, the acquittal should not be disturbed -- Judicial intervention is only warranted where the Trial Court’s view is perverse, based on misreading or ignoring material evidence, or results in manifest miscarriage of justice -- Moreover, the Appellate Court must address the reasons given by the Trial Court for acquittal before reversing it and assigning its own.

(Para 12)

B. Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 20 – Corruption case -- Demand of illegal gratification and acceptance – Presumption -- Statutory presumption u/s 20 of the PC Act is not automatic and arises only once the foundational facts of demand and acceptance are proved.

(Para 18)

C. Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 20 – Corruption case -- Acquittal by Trial Court – Conviction in appeal by High Court -- Demand of illegal gratification and acceptance – Proof of – Sole basis of the prosecution to prove demand and acceptance is the narration of the complainant, a close scrutiny of which reveals serious infirmities -- Both, the DSP and the Inspector of ACB, admit they did not question the complainant on this point, and till date no explanation has ever been offered for keeping Mediator/ R out of the room -- They also admit that they did not question any of the other office staff or visitors -- Other mediator B was not examined by the prosecution at all -- These circumstances are nowhere addressed by the High Court -- Such omissions cannot be brushed aside lightly, as they strike at the root of the prosecution version and cast serious doubt on whether demand and acceptance were proved beyond reasonable doubt – Order of acquittal restored.

(Para 20-22, 35)