RAJVEER
Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal
RAJVEER SINGH 13 Aug 2024

Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.

According to the court, if the appreciation of evidence leads to two possible views, then the view proving the innocence of the accused shall be taken into account and not the view which proves the guilt of the accused.

The Bench Comprising Justices Bela M. Trivedi and Satish Chandra Sharma noted that if the view taken by the trial court leads to the acquittal of the accused, then it would be impermissible for the Appellate Court/High Court to reverse the findings of the trial court by re-appreciating the selective evidence to convict the accused.

The aforesaid observation of the court is based on the settled principle of criminal law i.e., 'innocent until proven guilty'.

The Judgment authored by Justice Satish Chandra Sharma, laid down six principles for the High Court/Appellate court which shall come into play while deciding an appeal from acquittal.

"(i) Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive – inclusive of all evidence, oral or documentary;

(ii) Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge;

(iii) If the Court, after appreciation of evidence, finds that two views are possible, the one in favor of the accused shall ordinarily be followed;

(iv) If the view of the Trial Court is a legally plausible view, the mere possibility of a contrary view shall not justify the reversal of acquittal;

(v) If the appellate Court is inclined to reverse the acquittal in appeal on a re-appreciation of evidence, it must specifically address all the reasons given by the Trial Court for acquittal and must cover all the facts;

(vi) In a case of reversal from acquittal to conviction, the appellate Court must demonstrate an illegality, perversity, or error of law or fact in the decision of the Trial Court."

The court while applying the aforesaid principles came to the finding that while re-appreciating the evidence, the High Court has erred in reversing the decision of acquittal without arriving at any finding of illegality or perversity or error in the reasoning of the Trial Court.

Accordingly, the impugned order and judgment are set aside. Consequently, the appellants accused are acquitted of all the charges leveled upon them.

Case Details: MALLAPPA & ORS. VERSUS STATE OF KARNATAKA | Criminal Appeal No(s). 1162/2011

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