LAW FOR ALL

Sections 143, 147, 148, 323, 324, 326, 307, read with Section 114 of IPC - Powers of Appellant court - when to interfere with acquittal orders - Trial court acquitted the all accused due to delay in FIR about 2 hours , serious contradictions in the evidence of eye witnesses - non-blood stained weapons - High court set aside the acquittal order of the lower court and punish the accused under sec.324 /34 to pay fine Rs.10,000/- for each count - Apex court set the order of High court and framed principles - general principles regarding powers of appellate Court while dealing with an appeal against an order of acquittal emerge; (1) An appellate Court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach its own conclusion, both on questions of fact and of law; (3) Various expressions, such as, 'substantial and compelling reasons', 'good and sufficient grounds', 'very strong circumstances', 'distorted conclusions', 'glaring mistakes', etc. are not intended to curtail extensive powers of an appellate Court in an appeal against acquittal. Such phraseologies are more in the nature of 'flourishes of language' to emphasize the reluctance of an appellate Court to interfere with acquittal than to curtail the power of the Court to review the evidence and to come to its own conclusion. (4) An appellate Court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.” =CRIMINAL APPEAL NO.1381 of 2014 (@ SPECIAL LEAVE PETITION (CRL.)NO.4018 OF 2012) C.K. DASEGOWDA & ORS. .....APPELLANTS VERSUS STATE OF KARNATAKA .....RESPONDENT = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41768