Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Acquittal

Sunday, June 26, 2011
Acquittal

Acquittal — Appeal against — In exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal — The appellate court should bear in mind the presumption of innocence of the accused and further that the trial Court’s acquittal bolsters the presumption of his innocence — Interference with the decision of the trial court in a routine manner, where the other view is possible should be avoided, unless there are good reasons for such interference.

 
Friday, June 10, 2011
Acquittal

Acquittal — Appeal against — The principle to be followed by appellate court considering an appeal against an order of acquittal is to interfere only when there are compelling and substantial reasons to do so.  

 
Thursday, March 31, 2011
Acquittal

Acquittal — Undoubtedly, a judgment of acquittal rendered by a trial court must be given the greatest consideration and the appellate court would be slow in setting aside that judgment, and where two views are possible, the one taken by the trial court would not be disturbed — On the contrary if the trial court’s judgment was perverse, meaning thereby that it was not only against the weight of evidence but was all together against the evidence, interference was called for.

 
Monday, January 10, 2011
Acquittal

Acquittal — Unless there are substantial and compelling circumstances, the order of acquittal is not required to be reversed in appeal.

 
Tuesday, February 09, 2010
Acquittal

Acquittal — Power of Appellate Court to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded — Held, Appellate Court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded; the Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law; various expressions, such as, “substantial and compelling reasons”, “good and sufficient grounds”, “very strong circumstances”, “distorted conclusions”, “glaring mistakes”, etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal — Such phraseologies are more in the nature of “flourishes of language” to emphasis the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion; an appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused — Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law — Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court; and if two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.

 
Monday, February 08, 2010
Acquittal

Acquittal — In a case of acquittal, if the trial court’s view is a possible or plausible view, then the Appellate Court or the High Court would not be justified in interfering with it — It is the settled legal position that there is presumption of innocence and that presumption is further fortified with the acquittal of the accused by the trial court — The Appellate Court or the High Court would not be justified in reversing the judgment of acquittal unless it comes to a clear conclusion that the judgment of the trial court is utterly perverse and, on the basis of the evidence on record, no other view is plausible or possible than the one taken by the Appellate Court or the High Court.

 
Thursday, October 15, 2009
Acquittal

Acquittal — Appellate court should be very slow in setting aside a judgment of acquittal particularly in a case where two views are possible — The trial court judgment can not be set aside because the appellate court’s view is more probable — The appellate court would not be justified in setting aside the trial court judgment unless it arrives at a clear finding on marshalling the entire evidence on record that the judgment of the trial court is either perverse or wholly unsustainable in law.

 
Acquittal

Acquittal — The appellate court would be justified in reversing the judgment of acquittal only if there are substantial and compelling reasons and when the judgment of the trial court is found to be perverse judgment — Interfering in a routine manner where other view is possible is contrary to the settled legal position crystallized by aforementioned judgments of this Court — The accused is presumed to be innocent until proven guilty — The accused possessed this presumption when he was before the trial court — The trial court’s acquittal bolsters the presumption that he is innocent — This fundamental principle must be kept in view while dealing with the judgments of acquittal passed by the trial court.  

 
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