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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Md. Sabdul Ali S/o Late Abir Hussain – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. appellate standards for reviewing acquittal orders. (Para 1 , 2 , 3 , 4 , 5) |
| 2. evaluation of prosecution evidence and witness credibility. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. arguments concerning retrial conditions and witness reliability. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. presumption of innocence and burden of proof in appeals. (Para 25 , 26 , 27 , 28) |
| 5. dismissal of appeal and confirming the acquittal. (Para 29 , 30) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The appeal has been preferred under Section 372 of the Cr.PC against the judgment and order dated 31.08.2017 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 30 of 2013 acquitting the accused persons of the offence under Section 341/302/325/34 IPC.
2. Before going to the aspect of adjudicating an appeal against an order of acquittal, it is required to keep in mind the principles which are to be followed in such adjudication process. The principles are judicially evolved in a catena of judgments and one of the landmark case was rendered by the Hon’ble Privy Council in the case of Sheo Swarup vs. King-Emperor , AIR 1934 PC 227, wherein the following principles were
An acquittal by the trial court reinforces the presumption of innocence, and an appeal against such acquittal requires substantial justification, which was lacking in this case.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
Appellate courts should not interfere with acquittal if trial court's view is reasonably possible, reinforced by double presumption of innocence; reversal only if perverse or compelling circumstances....
It is well settled by catena of decisions that an appellate Court has full power to review, re-appreciate and consider the evidence upon which the order of acquittal is founded.
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