SC: Acquittal can’t be reversed on the sole ground of possibility of 2 views

The Hon’ble Supreme Court of India, on 10th April 2019. in the matter of Vijay Mohan Singh v. State of Karnataka observed that the High Court cannot interfere with an order of acquittal solely on the ground on re­appreciation of the entire evidence that two views are possible.

The Hon’ble Supreme Court observed that:

Even in the case where the High Court in an appeal against the order of acquittal interfered with the order of acquittal without specifically considering the reasons arrived at by the learned trial court and without specifically observing that the reasons are perverse, this Court can still maintain the order of conviction passed by the High Court, if this Court is satisfied itself that the approach of the trial court in dealing with the evidence was patently illegal or the conclusions arrived at by it are demonstrably unsustainable and the judgment of the appellate court is free from those infirmities.  (Para 12)

The High Court is entitled to re­appreciate the entire evidence independently and come to its own conclusion, however, the High Court would not be justified in interfering with the order of acquittal solely on the ground on re­appreciation of the entire evidence that two views are possible. (Para 12)

Copy of judgement: Judgement_10-Apr-2019

-Tushar Kaushik

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