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G. JAYACHANDRAN, SUNDER MOHAN
Chandra – Appellant
Versus
State Rep by the Inspector of Police, Eruvadi Police Station – Respondent
JUDGMENT :
1. The appeal against acquittal is preferred by PW-1, who is the maternal aunty of the deceased and also the first informant being the witness to the occurrence. Aggrieved by the order of acquittal by the trial Court, she has preferred the appeal against acquittal.
2. The accused, who has gained acquittal by the trial Court, has engaged a counsel and contested the appeal on multiple grounds with a preliminary objection that the appeal is not maintainable, since it is not preferred by the victim or his legal representative to satisfy Section 2(wa) of the Code of Criminal Procedure.
3. In view of the preliminary objection is raised, this Court is bound to answer the objections before proceeding further. Section 378 Cr.P.C., provides right of appeal in case of acquittal, the victims also to prefer appeal against acquittal, after amendments to the Code by the Central Act, 25 of 2005 and Act 5 of 2009 with effect from 23.06.2006 and 31.12.2009, respectively. The relevant provisions are extracted below for sake of convenience:
(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5):
(a) the Distri
An appellate court should not lightly interfere with an order of acquittal, even if it believes that there is some evidence pointing to the guilt of the accused.
The judgment underscores the principle that a conviction cannot be based solely on the testimony of a single witness unless it is wholly reliable and corroborated by other evidence.
The appellate court can overturn a trial court's acquittal if the findings are perverse, emphasizing the importance of eyewitness testimony and the presumption of innocence.
Murder – If two reasonable conclusions are possible on the basis of evidence on record, Appellate Court should not disturb findings of acquittal recorded by Trial Court on the ground that another vie....
A conviction cannot be based solely on the testimony of one witness unless that testimony is wholly reliable and corroborated by other evidence.
Conviction under Section 306 IPC requires direct evidence of intent or proximate acts by accused to abet suicide, with appellate courts deferring to trial findings unless clearly perverse.
The presumption of innocence must prevail in appeals against acquittal, requiring compelling evidence to overturn a trial court's decision.
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