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
- What standard governs interference with acquittal under Section 378 CrPC?
- Whether the High Court’s reversal satisfied that standard and whether remand was appropriate.
Provisions considered
- Section 378, Code of Criminal Procedure, 1973Appellate reappreciation must test whether the trial court’s acquittal is a reasonably possible view. Another possible view favouring conviction does not justify reversal. (¶¶ 7, 8, 9, 10, 11, 14)
Held
- Acquittal strengthens the presumption of innocence. Although the appellate court may reassess all evidence, it must determine whether the trial court’s view could reasonably be taken. Reversal requires a conclusion that guilt beyond reasonable doubt is the only possible conclusion on the record. The trial Judge’s opportunity to observe witness demeanour also matters. (¶¶ 7, 8, 9)
- The High Court did not discuss witness credibility, reassess the evidence with findings, or test whether the acquittal was a possible view. It also omitted findings on individual and collective roles, the authors of injuries and applicability of Section 149. Its bare conclusion of guilt did not discharge its appellate duty. (¶¶ 10, 11)
- Remand was inappropriate after the prolonged lapse of time. On its own review, the Court found the trial court’s detailed evaluation reasonably possible, including its concern about the unexplained grievous injury to an accused, failure to investigate that injury and reasons for declining to accept the eyewitness accounts. (¶¶ 12, 13, 14)
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.