Appellate Court Can Reverse/Modify Conviction Even Without Accused's Appeal : Supreme Court

The Supreme Court has held that even in the absence of an appeal by the accused challenging the conviction, the appellate court is not precluded from reversing the conviction. “…the appellate Court is vested with the power to examine the correctness of the findings and sentence recorded by the Court below and to reverse, alter or affirm the same, as the interests of justice may require.”, observed a bench of Justice Vikram Nath and Justice Sandeep Mehta, while hearing an appeal filed by the State of Assam against the acquittal of the Respondent in a murder-rape case.The, High Court, which acquitting the accused for the offences of murder and rape, had convicted him for the offence committed under Section 201 IPC (causing disappearance of evidence). While upholding the acquittal due to serious lapses in the identification of incriminating material against the respondent, the Court nevertheless also acquitted the respondent for the offence under Section 201 IPC, even though the conviction had not been challenged before it. A question that appeared before the Court was whether it is permissible for the Court to reverse the conviction, when the same was not challenged by the Respondent-accused. Answering in the positive, the judgment authored by Justice Mehta observed that “the absence of an appeal by the accused-respondent does not, by itself, denude this Court of its appellate jurisdiction”, to examine the correctness and findings recorded by the sentencing court. The Court said that under Section 386 Cr.P.C. (now Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Appellate Court is empowered to examine the correctness of the findings and sentence recorded by the Court below and to reverse, alter or affirm the same, as the interests of justice may require. “…we are of the view that the High Court clearly fell into error in affirming the conviction of the accused-respondent for the offence punishable under Section 201 of the IPC…in exercise of the aforesaid appellate powers, we deem it appropriate to interfere with the conviction and sentence of the accused-respondent under Section 201 of the IPC as indicated above.”, the court held, justifying interference with the conviction. Also From Judgment: 2017 School Headmistress Rape-Murder : Supreme Court Dismisses Assam Govt Appeal Against Acquittal Cause Title: THE STATE OF ASSAM VERSUS MOINUL HAQUE @ MONU Citation : 2026 LiveLaw (SC) 410 Click here to download order

Appellate Court Can Reverse/Modify Conviction Even Without Accused's Appeal : Supreme Court

Yash Mittal

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