IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 181/2010
I. ARALAPPA APPELLANT(S)
VERSUS
STATE OF KARNATAKA RESPONDENT(S) WITH
CRL.A. NO. 1405/2010
O R D E R
1. These appeals arise out of the judgment and order dated
28.05.2008 passed by the Division Bench of the Karnataka
High Court in Crl.A. No.570/2021, thereby allowing the
appeal filed by the respondent-State.
2. The appellants were tried for offences punishable under
Section 489B and 381 of the IPC. The learned Trial Judge,
by a well reasoned order, had acquitted the accused.
3. Being aggrieved thereby, the State went in appeal. The
Division Bench of the High Court allowed the appeal filed by
the State.
4. Aggrieved thereby, the present appeal has been filed by
the appellants.
5. A perusal of the impugned judgment and order would
reveal that the conviction is basically on the extra
judicial confession of the Accused No.1, made by PW.1.
6. It is settled law that extra judicial confession is a
weak piece of evidence.
7. Apart from that, the appeal before the High Court was
arising out of an order of acquittal. It is more than
settled that unless a view taken by the Trial Court is
either perverse or impossible, the appellate court would not
have reversed the order of acquittal and recorded
c...