Scope Of Interference With Acquittal Order Very Limited, Can Be Reversed Only If It Demonstrates Perversity, Error Of Law: Rajasthan High Court

The Rajasthan High Court has made it clear that the scope of interference with an acquittal order passed by the Trial Court in criminal proceedings is very limited.

“...if the impugned judgment of the learned Trial Court demonstrates a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal…” observed a division bench of Justice Pushpendra Singh Bhati and Justice Madan Gopal Vyas.

The complainants alleged that one of the accused persons came outside their house and started abusing. When the complainants asked him to stop, he was joined by other accused and the verbal fight escalated into physical attacks. During this fight, one of the complainants was allegedly hit by a stone in her eye that led to her death. Pursuant to the FIR, the accused were charged with offences under Sections 147, 323, 325 and 302 of IPC. When the trial commenced, based on all the evidences and arguments put forth, the trial court acquitted 3 out of 5 accused and convicted the remaining 2 who were granted the benefit of Section 4 of the Probation of Offenders Act, 1958.

A criminal appeal was thus preferred by the State under Section 378 CrPC.

The Court considered the arguments and took into account the contradictory statements of prosecution witnesses; mismatch in oral and physical evidences put forth by prosecution; doubtful credibility of the dying declaration, and found these to be sufficient to extend the benefit of doubt to the accused. The High Court observed that in this background, the trial court was justified in law to pass the impugned order.

It highlighted certain judgments by the Supreme Court which enumerated the principles governing exercise of appellate jurisdiction while deciding an appeal against acquittal. The following principles were put forth in these cases:

• Acquittal further strengthened the presumption of innocence;
• All oral or documentary evidences should be appreciated comprehensively. Partial or selective appreciation resulted in miscarriage of justice;
• After such appreciation, it was required to be considered whether the view taken by the trial court was possible based on the evidence on record. If yes, then the acquittal order could not be overturned on the ground of possibility of another view;
• After such appreciation, if the court found two possible views, the one favouring the accused should be followed ordinarily;
• If the appellate court was inclined to reverse the acquittal, it must specifically address all the reasons given by the trial court for acquittal;
• While reversing the acquittal, the appellate court must demonstrate illegality, perversity, misreading/omission in considering material evidence, or error of law in the trial court's decision.
• The appellate court could interfere with the acquittal order only if found that the only conclusion possible based on the evidence on record was that the accused was proven guilty beyond reasonable doubt.

Accordingly, the Court held,

“The judgment of the Trial Court can be reversed by the Appellate Court only when it demonstrates an illegality, perversity or error of law or fact in arriving at such decision; but in the present case, the learned Trial Court, before passing the impugned judgment, examined each and every witnesses at a considerable length and duly analyzed the documents produced before it, coupled with examination of the oral as well as documentary evidence, and thus, the impugned judgment suffers from no perversity or error of law or fact, so as to warrant any interference by this Court in the instant appeal.”

Title: State of Rajasthan v Devilal and Ors.

Citation: 2024 LiveLaw (Raj) 105

Click Here To Read/Download Order