Don’t reverse acquittals unless necessary, SC tells HCs

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Agencies

Posted online: Friday , January 18, 2008 at 06:46:17
Updated: Friday , January 18, 2008 at 07:01:58

New Delhi, January 18: The Supreme Court has said that High courts cannot interfere with an acquittal order passed by the trial court unless there was strong reason to dislodge the findings of the subordinate court.

“High courts will interfere in appeals against acquittals, only where the trial court makes wrong assumptions of material facts or fails to appreciate the evidence properly,” the apex court observed while acquitting five persons sentenced to life imprisonment by the Bombay High Court in a murder case.

The Bench of Justices G P Mathur and R V Raveendran said that while the High court can review the entire evidence and reach its own conclusions, it shall not interfere with the acquittal by the trial court unless there are strong reasons based on evidence which can dislodge the findings arrived by the trial court.

“The high court has to give due importance to the conclusions of the trial court, if they had been arrived at after proper appreciation of the evidence,” the bench said.

According to the apex court, if two views are reasonably possible from the evidence on record, one favouring the accused and the other against him, the high court is not expected to reverse the acquittal merely because it would have taken the view against the accused had it tried the case.

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Courts by rakesh chaudhary on 18 Jan 2008

Supreme courts appreciate the condition of criminal cases in the right direction.they know how some people are falsely implicated.They are right in not getting carried away by public opinion ( public is always less informed) and act only on the truth.

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