Source: Supreme Court

Why in News?

Recently, a bench of Justices Bela M. Trivedi and Satish Chandra Sharma laid down principles to be followed by court while deciding an appeal from acquittal.

• The Supreme Court gave this observation in the matter of Mallappa & Ors. v. State of Karnataka.

What was the Background of Mallappa & Ors. v. State of Karnataka Case?

• The prosecution's case revolves around Nagamma, the wife of Accused No. 5, who allegedly had an affair with the deceased, Marthandappa.
• Tensions brewed between Marthandappa and Accused No. 1 to 8 due to this alleged affair.
• On 28^th June 1997, while Marthandappa, along with Prosecution witness 3 and PW4, traveled from Aidbhavi to Nagaral, they were ambushed by Accused No. 1 to 8 near Balwantappa Channur's land.
  • Armed with various weapons, the accused assaulted Marthandappa and PW4, inflicting severe injuries.
  • PW3, an eyewitness, hid during the attack. After the assault, believing Marthandappa to be dead, the accused fled.
  • PW3 later confirmed Marthandappa's death and informed the authorities.
• Medical examinations and investigations led to the arrest of several accused individuals.
• Despite the trial court's acquittal, the High Court convicted Accused No. 3 to 5.

What were the Court’s Observations?

• After thorough consideration, SC found the HC's reversal of the acquittal decision unjustified, lacking any determination of illegality or error in the Trial Court's reasoning.
• Even upon reevaluation of evidence, SC did not support the HC's findings.
• Hence, the challenged order was overturned, affirming the Trial Court's decision.
  • The appellants were acquitted of all charges and to be released immediately if in custody.
• The appellants were acquitted by SC from all the charges levelled upon them. The appellants were directed to be released forthwith.

What were the Principles Laid Down by the Supreme Court for Appeals from Acquittal?

• Appreciation of evidence is the core element of a criminal trial, and such appreciation must be comprehensive inclusive of all evidence, oral or documentary;
• Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge;
• If the Court, after appreciation of evidence, finds that two views are possible, the one in favour of the accused shall ordinarily be followed;
• If the view of the Trial Court is a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal;
• If the appellate Court is inclined to reverse the acquittal in appeal on a re-appreciation of evidence, it must specifically address all the reasons given by the Trial Court for acquittal and must cover all the facts;
• In a case of reversal from acquittal to conviction, the appellate Court must demonstrate illegality, perversity or error of law or fact in the decision of the Trial Court.

What is the Procedure for Appeal from Acquittal and Reversal of Order of Acquittal?

• Section 378 of the Code of Criminal Procedure, 1973 (CrPC):
  • Direction by District Magistrate and State Government
    • The District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence.
    • The State Government may, in any case, direct the Public Prosecutor to present an appeal to the HC from an original or appellate order of an acquittal passed by any Court other than a HC not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
  • Appeal in Cases Investigated by Special Agencies
    • If such an order of acquittal is passed in any case investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of Sub-Section (3), also direct the Public Prosecutor to present an appeal to the Court of Session or to the HC as specified.
  • Leave of High Court for Appeal
    • No appeal under Sub-Section (1) or Sub-Section (2) shall be entertained except with the leave of the HC.
  • Special Leave to Appeal
    • If such an order of acquittal is passed in any case instituted upon complaint and the HC, on an application made to it by the complainant, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
    • No application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the HC after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
  • Consequences of Refusal of Special Leave
    • If, in any case, the application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under Sub-Section (1) or under Sub-Section (2).
• Section 379 of CrPC:
  • Where the HC has, on appeal reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the SC.