NDLI: Bhupatbhai Bachubhai Chavda & Anr. Vs. State of Gujarat

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Appeal against acquittal
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – s. 378 – Appeal against acquittal – Interference by the appellate court, when: Held: Appellate Court can interfere with the order of acquittal only if it is satisfied after re-appreciating the evidence that the only possible conclusion was that the guilt of the accused had been established beyond a reasonable doubt – Appellate Court cannot overturn order of acquittal only on the ground that another view is possible – Judgment of acquittal must be found to be perverse – Unless the Appellate Court records such a finding, no interference can be made with the order of acquittal – On facts, the High Court converted the acquittal of the appellants into conviction for offence punishable u/ss. 302/34 and s. 323 – High Court did not avert, if the view taken by the trial court was a plausible view that could have been taken based on evidence on record – High Court ignored that an order of acquittal further strengthens the presumption of innocence of the accused – High Court’s finding on the burden of proof is completely erroneous – Finding of the trial court that the evidence of the prosecution witness did not inspire confidence is a possible finding which could have been recorded on the basis of the evidence on record – No reason for the High Court to overturn the order of acquittal when the findings of the trial court were possible findings that could be arrived at after re-appreciating evidence – Thus, the order of acquittal of the appellants upheld – Judgment and order of the High Court set aside, and that of the trial court restored – Penal Code, 1860 – ss. 302 rw 34 and s. 323. [Paras 6, 7, 10, 11] Evidence – Burden of proof – Discharge of, by the accused, when:Held: Unless, under the relevant penal statute, there is a negative burden put on the accused or there is a reverse onus clause, the accused is not required to discharge any burden – In a case where there is a statutory presumption, after the prosecution discharges initial burden, the burden of rebuttal may shift on the accused – In the absence of the statutory provisions the burden was on the prosecution to prove the guilt of the accused beyond a reasonable doubt [Para 7]
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2024 INSC 295
Petitioner	Bhupatbhai Bachubhai Chavda & Anr.
Respondent	State Of Gujarat
SCR	[2024] 4 S.C.R. 322
Judgement Date	2024-04-10
Case Number	334

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