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Supreme Court of India
Criminal Law

High Court Cannot Reverse Acquittal on Mere Difference of Opinion Without Finding Illegality or Perversity: Supreme Court

Published: · NyayVidhan

The Supreme Court set aside a Karnataka High Court judgment that had reversed an acquittal and convicted the appellants of a 1997 murder, and restored the Trial Court's acquittal (paras 1, 39). It held that "A decision of acquittal is not meant to be reversed on a mere difference of opinion. What is required is an illegality or perversity" (para 25), and summarised six principles for appeals against acquittal (para 36).

High Court Cannot Reverse Acquittal on Mere Difference of Opinion Without Finding Illegality or Perversity: Supreme Court

Judgment Intelligence

Conviction Set Aside
Mallappa & Ors. v. State of Karnataka
2024 INSC 104
Criminal Appeal No. 1162 of 2011
Court
Supreme Court of India
Date of Decision
12 February 2024
Bench
Justices Bela M. Trivedi and Satish Chandra Sharma
Relevant Acts & Sections
Indian Penal Code, 1860 — Sections 34, 147, 148, 149, 302, 307, 504; Code of Criminal Procedure, 1973 — Section 235
Final Outcome

The High Court's judgment was set aside, the Trial Court's acquittal restored and the appellants acquitted of all charges, with a direction to release them forthwith if in custody (para 39); the appeal was disposed of with no order as to costs (paras 40-41).

Key holdings

  1. The High Court's power to re-appreciate evidence in an appeal against acquittal is qualified; an acquittal is not to be reversed on a mere difference of opinion (para 25).
  2. Where two equally plausible views arise from the evidence, the view in favour of the accused should ordinarily be followed (paras 26, 36).
  3. Partial or selective appreciation of evidence may result in a miscarriage of justice and is itself a ground of challenge (paras 35-36).
  4. An appellate court reversing an acquittal must address all the reasons given by the Trial Court and demonstrate an illegality, perversity or error of law or fact (para 36).
  5. If direct evidence is not credible, the case falls back on circumstantial evidence, which must exclude every hypothesis except guilt (paras 37-38).

Case explainer by NyayVidhan: an account of this judgment and the law it laid down, not the court's text. The judgment itself is the authoritative version.

Brief Facts

A man was killed on 28.06.1997 in an alleged attack by eight accused with axes, a knife and clubs while he travelled by bullock-cart; a companion was injured (paras 3-5). The Trial Court at Gulbarga acquitted all the accused on 24.03.2005, finding the eyewitness's conduct artificial and the injured witness's account inconsistent with the medical record (paras 1, 11, 13). On 31.05.2010 the High Court convicted the three appellants (accused 3 to 5) of murder under Section 302 read with Section 34 IPC and sentenced them to life imprisonment, upholding the other acquittals (paras 1, 11, 18). One appellant died while the appeal was pending (para 12).

Court's Findings

An acquittal concretises the presumption of innocence (para 24). The High Court's power to re-appreciate evidence against an acquittal is qualified: it must ask whether the Trial Court appreciated all material evidence, whether its finding is illegal or affected by an error of law or fact, and whether its view is fairly possible (para 25). Where two views are equally plausible, the one favouring innocence prevails (para 26). On the evidence, the eyewitness hid for about 18 hours without helping his injured cousin or informing the police, which made his presence doubtful (paras 27-29); the injured witness's simple injuries, bus journeys and month-long silence did not fit his account (paras 30-32). The High Court ignored these doubts, the delay and his relationship to the deceased (para 33), and reversed a legally permissible view without recording any illegality (para 34). "Appreciation of partial evidence is no appreciation at all" (para 35). Without credible direct evidence, the chain of circumstances was incomplete (paras 37-38).

Legal Principle

An appellate court may reverse an acquittal only if it appreciates all the evidence, addresses every reason given by the Trial Court and demonstrates an illegality, perversity or error of law or fact; where the Trial Court's view is legally plausible, the possibility of a contrary view is not enough (paras 25, 36).

Precedents Relied Upon

  1. Selvaraj v. State of Karnataka (2015) 10 SCC 230
    Relied Upon Discussed at ¶ 26

    Where the trial court's view on appraisal of the evidence was a possible one, the High Court should not have interfered with the acquittal.

  2. Sanjeev v. State of H.P. (2022) 6 SCC 294
    Relied Upon Discussed at ¶ 26

    Summarised the approach in an appeal against acquittal: the trial court's reasons must be dealt with, an acquittal reinforces the presumption of innocence, and where two views are possible the appellate court must be extremely slow to interfere.

  3. Sanwat Singh v. State of Rajasthan AIR 1961 SC 715
    Relied Upon Discussed at ¶ 35

    An appellate court has full power to review the evidence in an appeal against acquittal, but must consider every matter on record and the reasons of the court below and express its reasons for holding the acquittal unjustified.

View all precedents (4)
  1. Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116
    Relied Upon Discussed at ¶ 37, 38

    The five principles (‘Panchsheel’) of proof by circumstantial evidence; the accused must be and not merely may be guilty.

NyayVidhan
Court Judgments · 2 min read
Decided: February 12, 2024 Justices Bela M. Trivedi and Satish Chandra Sharma
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