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K. V. VISWANATHAN, VIJAY BISHNOI
Mukesh Kumar Yadav – Appellant
Versus
State (UT of Andaman & Nicobar Islands) Etc. – Respondent
JUDGMENT :
K.V. Viswanathan, J.
1. Leave granted.
2. The present appeals call in question the correctness of the judgment and order dated 23.04.2026 passed by the High Court at Calcutta (Circuit Bench at Port Blair) in CRA (DB)/6/2024 and CRA (DB)/4/2024.
3. The appeals before the High Court, one by the State [CRA (DB)/4/2024] and one by the victim Ms. X [CRA (DB)/6/2024], in turn, challenged the correctness of the judgment of acquittal dated 24.04.2024 passed by the learned Sessions Judge, Andaman and Nicobar Islands at Port Blair in Sessions Case No.32/2015.
4. The appellant stood trial before the learned Sessions Judge, Andaman and Nicobar Islands for offences punishable under Sections 376, 312 and 417 of the Indian Penal Code, 1860 (for short the “IPC”). By the judgment dated 24.04.2024, the learned Sessions Judge acquitted the appellant of all the offences charged.
5. The High Court, hearing the appeal against acquittal, found the appellant guilty of offences punishable under Section 376 and 312 IPC. The High Court recorded the following in para 108 of the judgment:-
(1) Once appeal is entertained against order of acquittal, High Court is entitled to reappreciate entire evidence independently and come to its own conclusion.(2) Against an order of acquittal passed....
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
A retrial ordered in an appeal against conviction is impermissible without a request from the convict, reaffirming that appellate courts cannot enhance sentences absent an appeal from other parties.
Death sentence – Obligation of Court to conduct separate hearing on issue of sentence – Meaningful, real and effective hearing must be afforded to accused, with opportunity to adduce material relevan....
Point of law : where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of the evidence which is but barely possible, i....
The appellate court must uphold acquittals unless there is clear error in the trial court's evaluation of evidence, respecting the presumption of innocence.
The High Court's revisional jurisdiction is limited; it cannot convert an acquittal into a conviction without manifest illegality or miscarriage of justice.
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