In Brief
The State of Odisha challenged the High Court's dismissal of its leave to appeal against the acquittal of two men charged with murdering a Home Guard. The trial court had acquitted them, finding insufficient evidence of murder. The High Court rejected the State's appeal citing 41 days' delay in filing. The Supreme Court upheld the dismissal, holding that although courts rarely dismiss serious criminal appeals solely on delay, here the trial court's acquittal was correct. The circumstantial evidence did not establish guilt beyond reasonable doubt; the deceased likely accidentally touched a live electrical wire while intoxicated. The Court reaffirmed that suspicion cannot replace proof and when evidence permits two views, the one favouring the accused must prevail.
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