VidhiSangh

Supreme Court of India · 26/09/2023

H. D. SUNDARA & ORS. versus STATE OF KARNATAKA

[2023] 14 S.C.R. 47 · 2023 INSC 858

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Summary

The Supreme Court set aside the High Court’s reversal of acquittal because it had neither assessed the eyewitness evidence nor determined that the trial court’s view was impossible. On examining the record itself, the Court found the acquittal a possible conclusion, including in light of an unexplained grievous injury to an accused and doubts about the witnesses. Given the long lapse of time, it declined remand and directed release of the surviving appellants unless required in another case.

Issues

  1. What standard governs interference with acquittal under Section 378 CrPC?
  2. Whether the High Court’s reversal satisfied that standard and whether remand was appropriate.

Provisions considered

Held

Result

Appeal allowed for the surviving appellants; High Court judgment set aside and immediate release directed unless detention was required in another case. Appeal abated as to the two appellants whose deaths were recorded.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 47.