NDLI: Achhar Singh Vs. State of Himachal Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Criminal Procedure, 1973: s. 378 – Appeal in case of acquittal – Exercise of power by the High Court under – On facts, the High Court convicted two accused-appellants for offences u/s. 452, 326 and 323 and u/ss. 302 and 452 IPC, respectively, setting aside the acquittal by the trial court – Interference with – Held: High Court rightly interfered with the perverse findings of the trial court and prevented miscarriage of justice by convicting the appellants – High Court went through the consistent evidence against some of the accused which were overlooked by the trial court amid the chaos in evidence, and on basis of the evidence, convicted one accused u/s. 302 IPC and other u/ss. 326 and 323 IPC – Trial court erred in overlooking the credible and consistent evidence while proceeding with a baseless premise that the exaggerated statements made by the eye-witnesses belie their version – Trial court due to many contradictions failed to identify and appreciate material admissible evidence against the accused – Thus, the finding of the trial court in ignorance of the relevant material on record was perverse and called for interference from the High Court – Penal Code, 1860 – ss. 302, 323, 326, 452 – Evidence – Eye witnesses. Criminal jurisprudence: Cardinal rule – Held: Every person is presumed to be innocent until proven guilty – It is obligatory on the prosecution to establish the guilt of the accused save where the presumption of innocence has been statutorily dispensed with – This presumption of innocence is doubled when a competent Court analyses the material evidence, examines witnesses and acquits the accused – When two reasonable and possible views arise, the one favourable to the accused is adopted – In such cases, interference is not thrusted unless perversity is detected in the decision-making process – However, it cannot be interpreted that the “contours of appeal” against acquittal u/s 378 CrPC are limited to seeing whether or not the trial court’s view was impossible – There is no bar on the High Court’s power to re-appreciate evidence in an appeal against acquittal.Criminal trial: Appreciation of evidence – Held: Homicidal deaths cannot be left to the judgment of god-judicium dei – Court in their quest to reach the truth ought to make earnest efforts to extract the credibility – When the Court, despite its best efforts, fails to reach a firm conclusion, it extends the benefit of doubt.Evidence: Admissibility of – When witnesses tend to exaggerate – Held: In case of exaggerations, the court being mindful of distinction between truth and falsity, is duty bound to disseminate ‘truth’ from ‘falsehood’ – Evidence given by a witness cannot be discarded as a whole on the ground that it is exaggerated – It is only in a case where evidence are so inextricably intertwined that in their separation no real evidence survives, that the whole evidence can be discarded.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2021 INSC 289
Petitioner	Achhar Singh
Respondent	State Of Himachal Pradesh
SCR	[2021] 5 S.C.R. 243
Judgement Date	2021-05-07
Case Number	1140

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