Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal: Appeal against acquittal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Appeal: Appeal against acquittal – Scope of interference – Conviction of respondent-accused by trial court u/s.7 r/w ss.13(1) and (2) of Prevention of Corruption Act – Acquittal by High Court – On State’s appeal, held: High Court made general observations on the depositions of the witnesses examined – However, there was no re-appreciation of the entire evidence on record in detail, which ought to have been done by High Court while dealing with order of conviction passed by trial court – High Court ought to have appreciated that it was dealing with first appeal against order of conviction passed by trial court – Being the First Appellate Court, High Court ought to have re-appreciated the entire evidence on record without any limitation, which might be there while dealing with an appeal against the order of acquittal passed by trial court – High Court was dealing with the offences under the Prevention of Corruption Act which offences are against the society and, therefore, High Court ought to have been more careful and have gone in detail – Matter remitted to High Court for consideration afresh in accordance with law. Appeal: Power of High Court to deal with appeal against conviction and appeal against acquittal – Distinction between – Held: An Appellate Court while dealing with an appeal against acquittal passed by trial court is required to bear in mind that in case of acquittal there is double presumption in favour of the accused – Firstly, the presumption of innocence is 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 trial court – Therefore, while dealing with the cases of acquittal by trial court, the Appellate Court would have certain limitations – However, so far as appeal against order of conviction is concerned, there are no such restrictions and the Court of appeal has wide powers of appreciation of evidence and the High Court to re-appreciate the entire evidence on record being a First Appellate Court – Keeping in mind that once trial court has convicted there shall not be presumption of innocence as would be there in the case of acquittal. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 53 |
Petitioner | State Of Gujarat |
Respondent | Bhalchandra Laxmishankar Dave |
SCR | [2021] 1 S.C.R. 453 |
Judgement Date | 2021-02-02 |
Case Number | 99 |
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