Supreme Court of India
MURUGAN AND ANR.versusSTATE REP. BY PUBLIC PROSECUTOR, MADRAS, TAMIL NADU ANR.
- Citation
- 2008 INSC 1107
- Decided
- 30 September 2008
- Disposal
- Dismissed
- Bench
- ARIJIT PASAYAT
Holding
Section 378 of the Code of Criminal Procedure imposes no restriction on the appellate court’s power to review, re‑appreciate and set aside an order of acquittal if the order is not sustainable.
Summary
The appellants were convicted under IPC s.307 for a violent assault on two witnesses, after the trial court had acquitted them. The State appealed the acquittal under CrPC s.378, and the Madras High Court set aside the acquittal, finding the trial court's reasons untenable. The appellants contended that an appellate court could not interfere with a finding of acquittal except for compelling reasons. The Supreme Court held that s.378 imposes no limitation on the appellate court's power to re‑appreciate evidence, both factual and legal, and may overturn an acquittal if the order is not sustainable, while observing the presumption of innocence and the need for reasonable doubt. Applying this principle, the Court found the High Court's analysis correct and dismissed the appeal, upholding the convictions.
Issues considered
- The scope of powers conferred on a High Court by CrPC s.378 in an appeal against an order of acquittal
- Whether the High Court may re‑appreciate evidence and overturn an acquittal absent "compelling reasons"
- The applicability of the presumption of innocence and the standard of reasonable doubt in appellate review of acquittals
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 373, s. 374, s. 375, s. 376, s. 377, s. 378, s. 379, s. 380, s. 381, s. 382, s. 383, s. 384, s. 385, s. 386, s. 387, s. 388, s. 389, s. 390, s. 391, s. 392, s. 393, s. 394
- Indian Penal Code, 1860s. 109, s. 307, s. 341, s. 342
Subjects
appeal against acquittalSection 378 CrPCpresumption of innocencereasonable doubtevidentiary reviewcriminal procedureIPC 307appellate powers
Judgment
•
.
[2008] 13 S.C.R 1160
A MURUGAN AND ANR.
V.
STATE REP. BY PUBLIC PROSECUTOR,
MADRAS, TAMIL NADU ANR.
(Criminal Appeal No. 1278 of 2001)
B SEPTEMBER 30, 2008
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ]
c Code of Criminal Procedure; 1973;
s .. 378 - Appeal against acquittal - Power of appellate
Court - HELD: s. 378 imposes no restriction on powers of
appellate Court in dealing with appeals against order of ac-
quittal - While protection given to the accused by criminal
D process is not to be eroded, at the same time, uninformed 'r
legitimization of trivialities would hamper administration of ~
criminal justice -- In the instant case, grounds of acquittal re-
lied upon by trial court were rightly held by High Court unten-
able - Analysis made by High Court to se,t aside order of ac-
E quittal passed by trial court does not suffer from any infirmity
- Penal Code, 1860 - s. 307.
The appellants-accused, namely, A-1 to A-3, were
prosecuted for commission of offences punishable ulss
307 and 3071109 IPC. The prosecution_ case was that a
F quarrel took place between the mother of PWs 1 and 2
·an~. the wife of A-3 and PW-2 pacified them. The accused
. came to know of the quarrel and got an impression that
PW-2, in support of his mother, abused the wife of A-3.
The .following morning at about 7.30 A.M., A-1 to A-3 way-
G laid PWs 1 and 2 near the well when they were going to
take bath. A-3 caught hold of PW-2 from behind his back
and A-1 and A-2 attacked him indiscriminately with 'Aruval'.
When PW-1 and PW"5 tried to intervene, the accused
.th.re~tened· to kill. them. On account of the multiple inju-
H 1160
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1161
> : ·.PROSECUTOR, MADRAS, TAMIL NADU ANR.
ries received, PW-2 fell down and became unconscious. A
The accused fled away. PW-1 and PW-5 took the victim to
the hospital. The trial court acquitted the accused, but the·
High Court convicted them u/s 307 IPC and sentenced
them to rigorous imprisonment for four yeas and to pay a
~ fine of Rs.5,000/- each. B
In the instant appeal filed by the accused, it was con-
tended for the appellants that an order of acquittal can-
not be interfered by the appellate court except for com-
pelling reasons and, in the instant case, the High Court
did not keep in view the. parameters of appeal against C
acquittal. It was submitted that even if two views were
possible, the view supporting the accused had to be ac-
cepted and since the trial court had precisely done it, there
was no reason for interference.
D
Dismissing the appeal, the Court
HELD: .1 Section 378 of the Code of Criminal Proce-
dure, 1973 imposes no restrictions on the powers of the
appellate court in dealing with appeals against acquittal.
When such an appeal is filed, the High Court has full power E
to reappreciate, review and reconsider the evidence at
large, the material on which the order of acquittal is
founded and to reach its own conclusions on such evi-
dence. Both questions of fact and of law are open to de~
· termination by:the High C-ourt in an appeal against an or~. F
der of acquittal. In Chandrappa's* case, this Court has
culled out the general principles regarding powers of ap-
pellate court while dealing an appeal against order of ac-
quittal. [para 22 and 46] [1174,A-B; 1188,C]
*Chandrappa and Ors. v. State of Karnataka 2007(2) G
SCR 630=2007 (4) SCC 415.; Sanwat Singh v. State. of
Rafasthan (1961) 3 SCR 120; Bhagwan Singh v. State o'f M.P
(2002) 4 SCC 85; Harijana ,T;hirupala v. Public Prosecutor,
High Courl of A.P 2002 (1) Suppl. SCR 379 = (2002) 6 SCC
. 470; Ramanand Yadav v. Prabhu Nath Jha (2003t12 SCC H
1162 SUPREME COURT REPORTS [2008) 13 S.C.R.
A 606; Kallu v. State of MP (2006) 10 SCC 313; Prandas v.
State AIR 1954 SC 36; Surajpal Singh v. State 1952 SCR 193;
Atley v. State of UP AIR 1955 SC 807; Shivaji Sahabrao
=
Bobade v. State of Maharashtra 1974 (1) SCR 489 1973 (2)
sec 793 - relied on.
B Shea Swarup v. R. Emperor (1934) 61 IA 398; Nur Mohd.
v. Emperor AIR 1945 PC 151 - referred to.
Ajmer Singh v. State of Punjab (1953) SCR 418; Aher
Raja Khima v. State of Saurashtra (1955) 2 SCR 1285; M. G
c Agarwal v. State of Maharashtra (1963) 2 SCR 405; K. Gopal
Reddy v. State of A.P 1979 (2) SCR 265 = (1979) 1 SCC 355;
Ramesh Babula/ Doshi v. State of Gujarat 1996 (2) Suppl,
SeR 265 = (1996) 9 sec 225; and Allarakha K. Mansuri v.
State of Gujarat 2002 (1) SCR 1011 = (2002) 3 sec 57- re-
D ferred to. '
1.2 A person has, no doubt, a profound right not to
be convicted of an offence which is not established by
the evidential standard of proof beyond reasonable doubt.
Though this standard is a higher standard, there is, how-
E ever, no absolute standard. What degree of probability
amounts to "proof' is an exercise particular to each case.
Doubts would be called reasonable if they are free from a
zest for abstract speculation. To constitute reasonable
doubt, it must be free from an overemotional response.
F Doubts must be actual and substantial doubts as to the
guilt of the accused arising from the evidence, or from
the lack of it, as opposed to mere vague apprehensions.
A reasonable doubt is not an imaginary, trivial or a merely
possible doubt, but a fair doubt based upon reason and
G common sense. It must grow out of the evidence in the
case. While the protection given by the criminal process
to the accused is not to be eroded, at the same time, un-
informed legitimization of trivialities would make a mock-
ery of administration of criminal justice. [para 47-49]
H [1189,C-D; 1189,H; 1190, A-B, 1190,D]
MURUGAN & ANR v. STATE REP. BY PUBLIC 1163
PROSECUTOR, MADRAS, TAMIL NADU ANR.
"The Mathematics of Proof//" by Glanville Williams, Crimi- A
nal Law Review, 1979, by Sweet and Maxwell, p.340 - re-
ferred to
State of UP v. Krishna Gopal 1988 (4) SCC 302; Krishnan
and Anr v. State represented by Inspector of Police 2003 (7)
·sec 56 - relied on. B
2.1 In the instant case, the ground of acquittal as re-
corded by trial Court that there was no reason for PW-7
to obtain complaint from PW-1 when the victim (PW-2) was
conscious, is not at all a proper ground. Merely because c
P.W.2 was conscious at that time, it cannot be said that
the statement should not have been recorded from P.W.1
and the same is doubtful. No law prohibits the police of-
ficer from recording complaint relating to the occurrence,
~ and that too, from an eye-witness. Even assuming that
0
P.W.2 was consc;ious, nine serious injuries found on vari-
ous parts of body of the victim would clearly show that'
he could not have been able to give full details to P.W.7. In
the circumstances, obtaining of the complaint (Ext. P-1)
from P.W. 1 is quite proper. From the evidence of PWs 1,2
and 5, it is clear that PW-2 was indiscriminately attacked E
by A-1 and A-2 with 'Aruval;', as a result of which he fell
on the ground. [para 7,11 and 12] [1170,F-H; 1170,A]
2.2 The reasoning given by the trial court that PW-1
could not have seen the occurrence, is not based on evi" F
dence, According to both P.Ws. 1 and 2, they went one
after another to the well to take bath . P.W.5 stated that
after hearing the cry of P.W.2, P.W.1 and others came to
the scene. This would. not mean that P.W.1 did not accom-
pany P.W.2. As a matter of fact, even according to P.W.5, G
P.Ws. 1 and 5 took the victim in a taxi to the Hospital. The
occurrence took place in a day light at 7.30 A.M. The house ·
of the accused and P.Ws. 1 and 2 is situated nearby and·
the well also is just two furlongs away from the village. In
the circumstances, it cannot be said that P.W. 1 could not
H
1164 SUPREME COURT REPORTS [2008] 13 S.C.R.
A have accompanie!d P.W.2 to take bath. Therefore, this
ground of acquittal was rightly hefd by the High Court to
be untenable. [para 13-15] [1171,A-DJ
2.3 When the factual position is analysed in the back-
ground of the conclusions arrived at by the High Court,
B the inevitable conclusion is that the High Court's judg-
ment is correct. The analysis made by the High Court to
set aside the order does not suffer from any infirmity. [para
16 and 51] [1190,G; 1171,D]
c Case Law Reference
AIR 1945 PC 151 referred to para 28
AIR 1954 SC 36 relied on para 29
1952 SCR 193 .relied on para 31
,,.
D (1953) SCR 418 referred to para 32
AIR 1955 SC 807 relied on para 33
(1955) 2 SCR 1285 referred to para 34
(1961) 3 SCR 120 relied on para 35
E (1963) 2 SCR 405 referred to para 36
1974 (1) SCR 489 relied on para 37
1979 (2) SCR 265 referred to Para 39
1996 (2) Suppl. SCR 265 referred to para 40
F
2002 (1) SCR 1011 referred to para 41
c2002) 4 sec 85 relied on para 42
2002 (1 t Suppl. SCR 379 relied on para 43
(2003) 12 sec 606 relied on para 44
G
(2006) 10 sec 313 relied on para 45
2007(2) SCR 630 relied on para 46
1988 (4) sec 302 relied on para 49
H 2003 (7) sec 56 relied on para 50
fVlURUGAN & ANR. v, STATE RsP. BY PUBLIC 1165
PROSECUTOR, MADRAS, T. NADU ANR.
CRIMINALAPPELLATE JURISDICTION: Criminalf'.ppeal A
No. 1278 of2001
From the final Judgment and Ordet d?tect--20. 7 .2001 /
17.8.2001 of tne High Court of Judicature at Madras in Crimi- · ·
nal Appeal No. 223 of 1993 · ·
B
K.K. Mani and C.K.R. Lenin Sekar for the Appellant.
R. Nedumaran for the Respondents.
The Judgment of the Court was delivered by
DR..ARIJIT PASAYAT, J. 1. Challenge in this appeal is to C
the judgment of the learned Single Judge of the Madras High
Court setting aside the judgment of acquittal recorded by learned
.Principal, Assistant Sessions Judge, Tirunelveli. The appellant
faced trial·along with one Velliah for alleged commission of of-
fences punishable urider Section 307 and307 readwith Sec- . D
ti on 109 of the.lflElian Penal Code, 1860 (in 'short 'IPC'). Though
the trial Court found that the prosecution has hot est~blished·
the case, in appeal filed by;the State it wo:s held by the High
Court that the prosecutioil.established the accusations against .
the appellants. But the acquittal so fa_r as the Velliah A3 is coh- E
cerned, the High Court confirmed the acquittal.
2. Background facts in .a nutshell are as follows:
Sankaralingam (PW1),.Ramaiah (PW2) and Paramasivam ·
(PW6) are brothers. They resi.de at MarugaU<utichi· village. F
Accused 1 to 3 are also residing in the same village. Their house
is situated very near to the house of PWs. 1, 2 ar:id 6,-Accused
1 and 2 are brothers.
_On 2.10.1989 at about 5.00 p.m. Kannammal, the m9ther of
PWs. 1 and 2 wentto the corner of the street to collect water from G ·
the common water pipe. The th,ird accusec;l's wife fylanickam also.
came to take water. While collecting water from the common pipe,
there was a quarrel between Kannammal and Manickam, the wife
of third accused. Ramaiah (PW 2) who noticed this, went there ·~
and separated them and took his mother to hls house. · H
1166 SUPREME COURT REPORTS [2008) 13 S.C.R.
.A Next day i.e. 3.10.1989 at about 7.30 a.m. Ramaiah
(PW.2), Sankaralingam (PW.1) and one Manickam, wife of an-
other brother, went to the well, which is situated in Nallakannau
Thevar's garden, in order to take bath. When the first accused
came to know about the occurrence which took place on the
B earlier day, he had grievance against PW.2 thinking that PW.2
abused the wife of the third respondent in support of his mother.
At about 7.30 a.m. when PWs. 1 and 2 and another went
near the well, A1 to A3 waylaid them. A1 and A2 were having
'Aruval' with them. A3 caught hold of PW.2 from behind his back.
C At that time, A1 and A2 with 'Aruval' attacked PW.2 indiscrimi-
nately on the back, left shoulder, right shoulder, hands, etc. PW.2
received number of bleeding injuries all over the body and be-
gan to cry. Sankaralingam (PW.1) and Poolu Thevar (PW.5)
and two others went near the injured. The accused persons
D threatened them that they would kill them also. PW.2 swooned
and fell on the ground. Thereafter, the accused took to their heels.
PWs. 1 and 5 took the victim in a car to Naguneri Govern-
ment Hospital at about 8.30 a.m. Dr. Andiappan (PW.3) exam-
ined the victim and found nine injuries. He also sent Ex.P-2 inti-
E mation to the Nanguneri Police Station. Head Constable (PW.7)
came and recorded statement from PW.1. Ex.P-1 is the com-
plaint and the same was registered against the accused for the
offences under Sections 341, 342 and 307 IPC. Ex.P-7 is the
printed FIR. Doctor (PW.3) sent the victim to the Tirunelveli Hos-
F pital for further treatment. He issued Ex.P-3 wound certificate.
Doctor (PW.4) took X-Ray and issued Ex.P-4 X-Ray report and
the X-Rays were marked as M.Os. 3 to 9.
Gnana Diraviyam (PW.8), the Inspector of Police, took up
further investigation and went to the scene and examined the
G witnesses. He prepared Ex.P-5 observation mahazar and Ex.P-
a rough sketch. He also recovered sample earth and blood
stained earth. Thereafter, he went to the hospital and recorded
the statement from PW.2. Since the PW.8 was subsequently
transferred, Periasamy (PW.9) another Inspector of Police, took
H up further investigation.
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1167
> PROSECUTOR, MADRAS, T NADU ANR. [DR ARIJIT PASAYAT, J]
3. After completion of investigation charge sheet was filed A
and the accused persons faced trial as they denied the accu-
sations. ·Nine witnesses were examined to further the prosecu-
tion version. Trial court found the evidence of prosecution wit-
nesses to be not cogent and credible and accordingly directed
acquittal. State preferred appeal against acquittal. High Court 8
found that the reasoning indicated by the Trial Court to direct
the acquittal cannot be maintained. It is to be noted that the
acquittal was directed by the Trial Court, inter alia, on the fol-
lowing grounds:
(i) R~_cq,rding of Ex.P-1 statement given by PW.1 by C
PW.7 is doubtful. According to PW.3 Doctor, the
injured was conscious, when he was admitted in the
hospital. PWs. 1 and 7 would state that the complaint
was given by PW.1 which was recorded by PW.7,
since PW.2 was unconscious. There is no reason as D
to why PW.7 had to obtain Ex.P-1 complaint from
PW.1, when PW.2 was conscious.
(ii) PW.1 gpuld not have seen the occurrence. PW.5, an
independent eye witness, would state that PW.1
came to the ·scene only after the occurrence. E
Therefore, the evidence of PW.1 is unreliable.
(iii) PW.6 stated in the court that he had also seen the
occurrence. According to PW.8, ttie investigating
officer, PW.6 was not the eye-witness and he did not F
give any statement that he saw the occurrence.
Therefore, the evidence of PW.6 is unreliable.
(iv) PW. 7 head constable recorded Ex.P-1 and the same
was written by him. But, in evidence, he would state
that he dictated to a constable and the said constable G
had written the same. There is no evidence to show
that any constable accompanied PW.7. Therefore
PW.7 had not recorded Ex.P-1 at the hospital.
(v) PW.5 an independent witness, would state that A 1 H
1168 SUPREME COURT REPORTS [2008] 13 S.C.R.
A and A2 alone were present and attacked PW.2. He
did not refer aboutA3. Therefore, A3 could not have
been present. Furthermore, A3 produced a certificate
alongwith his statement under Section 313 Cr.P.C.
to show that during the relevant time, he was working
B in the mill in which he was employed. -
(vi) Both in Ex. P-1 and in the evidence of PWs.1 and 2,
there is a reference about one Thangapandi stating
that he was also one of the eye-witnesses. The said
eye-witness was not examined. There is no reason
C for his non-examination.
(vii) According to PWs.1 and 2, both A 1 and A2 attacked
PW.2 indiscriminately. But according_ to PW.5, after
first cut, PW.2 ran to a distance of about 50 feet and
thereafter, the further·cuts given by the accused with
D
'Aruval" fell on PW.2 victim. So, there is a contradiction
between the evidence of PWs.1 and 2 on the one
side .and the evidence of PW.5 o~ the other side.
4. High Court found that the conclusions arrived at by the
E Trial Court were not sustainable. After analyzing the evidence .
of PWs. 1, 2 and 5 it ~as held that the accusations have been
established. Accordingly, the appellants were convicted for the
offence punishable under Section 307 IPC and each was sen-
tenced to undergo RI for four years and to pay a fine of Rs.5,000/
F -with default stipulation.
5. In support of the appeal, learned counsel for the appel-
lant submitted that the Trial Court had rightly rejected the pros-
ecution version taking note of the fact that evidence of PWs 1,
2 ancj 5 are irreconcilable. It was also submitted that the evi-
G dence of PWs. 1, 2 and 5 is contradictory to each other. In any
event, it was submitted that the injuries were on non-vital parts
and, therefore, Section 307 IPC has no application. Learned
counsel for the respondent, on the other hand, supported the
judgment of the High Court.
H
) MURUGAN & ANR. v. STATE REP. BY ?UBLIC 1169
PROSECUTOR, MADRAS, T. NADU ANR. [DR. ARIJITPASAYAT, J.]
6. PW3- the doctor attached to the Naguneri Government A
Hospital, Tenkasi examined PW 2 at about 8.15 a.m. on
3.10.1989. He issued the wound certificate ExP3. He found the
following injuries on him: .
·• "i. A bleeding lacerated wound 1Ocm x 5 cm. x 4cm on
B
medical aspecf of right forearm muscles and (NC)
exposed.
ii. A bleeding lacerated wound 3 cm x 1 cm x 1 cm in
. middle right forearm.
iii. A lacerated bleeding wound in the palman aspect of c
2 cm x 1 cm x 1 cm of right middle and index finger
seen and lacerated wound on.the tip of right ring and
little finger measuring 1 cm x 1 cm x 1 cm .
-.
iv. . ''An incised ~ound 3 cm x 2 cm x 1 cm.. in upper
D
aspect of right arm.
v. A bleeding lacerated wounCI in the left shoulder outer
to the lateral end of left collar bone 4 crri x 2 cm x 1
cm seen.
·E
vi. A bleeding incised wound in the upper part of left
I·~- · arm3cmx1cmxYicm.
vii. A bleeding indsed wound 15 cm x 6 cm x 4 cm left
side of back of chest just below left infrascapular angle.
viii. A bleeding incised wound in the palman aspect of F
left index middle and ring finger· and. thumb each
measured 6 cm x 2 cm x 1 cm fracture of middle
finger MCP joint.
ix. A bleeding lacerated wound in. the lateral aspect of G
left forearm 3 cm x 2 cm x 1 cm.
As per the wound certificate Ex.P3, injury No.3 and 9 is
grievous in nature and the other injuries are simple injuries.
7. So far as the E)Vidence of PWs. 1, 2 and 5 is concerned,
H
1170 SUPREME COl.JRT REPORTS [2008~ 13 S.C.R.
A it is clear that P.W.2 was indiscriminately attacked by Al and A2
with 'Aruval'. As a result of those injuries. the viciim (P.W.2) fell
on the ground.
8. According to P.W.5, as soon as P.W.2 fell on the ground,
he became unconscious and thereafter, the accused persons
8 ran away from the scene. This occurrence took place at about
7.30A.M. and the victim was taken.to the hospital at about 8.15
A.M. P.W.3 Doctor stated that the victim was conscious and the
victim stated to him that the he was attacked by three persons
with 'Aruval'.
c
9. P.W. 3 Doctor further stated that he gave Ex.P-2 intima-
tion to the police, when P.W. 2 was admitted in the hospital. On
receipt of Ex.P-2, P.W.7 Head constable rushed to Nanguneri
Government hospital. At that time, P.W.1 was present in the
D hospital and gave Ex. P-1 statement to P.W.7.
10. It is true that P.W. 7 stated that he obtained Ex.P-1 com-
plaint from P.W.1, when P.W.2 was unconscious. P.W.1 stated
that when P.W.2 victim was taken to the hospital, he was in un-
conscious state and after admitting the victim in the hospital,
E P.W. 3 Doctor gave treatment to him. So, when treatment was
being given by P.W.3 Doctor, P.yv.7 came and at that time, he
was informed by P.W. 1 that P.W. 2 was not in a position to give
statement, since he was unconscious.
11. Even assuming that P.W.2 was conscious at that time,
F the nine serious injuries found on various parts of the body of
the victim would clearly show that he could not have been able
to give full details to P.W.7. Under those circumstances, obtain-
ing of Ex. P-1 complaint from P.W. 1 is quite proper.
12. Merely because P.W.2 was conscious at that time, it
G cannot be said that the statement should not have been recorded
from P.W.1 and the same is doubtful. No law prohibits the po-
lice officer from recording complaint relating to the occurrence,
that too, from an eye witness. The ground of acquittal as re-
H corded by trial Court is not at all a proper ground.
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1171
> PROSECUTOR, MADRAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J.]
13. Secondly, accordingly to the trial court, P.W. 1 could A
not have been seen the occurrence.
14. This again is not the reasoning based on evidence.
According to both P.Ws. 1 and 2, they went to take bath in the
well one after another. P.W.5 stated that after hearing the cry of
J P.W.2, P.W.1 and others came to the scene. This would not mean .. 8
that P.W.1 did not accompany P.W.2. As a matter of fact, even
according to P.W.5, P.Ws. 1 and 5 took the victim in a taxi to
Naguneri Hospital.
15. The occurrence took place in a day light at 7.30 A.M. c
The house of accused and P.Ws. 1 & 2 are situated nearby and
the well also is situated just two furlongs away from the village.
Under those circumstances, it cannot be said that P.W. 1 could
not have accompanied P. W.2 to take bath. Therefore, this ground
of acquittal was rightly held by the High Court to be untenable.
0
16. We find that the analysis made by the High Court to
set aside the order does not suffer from any infirmity. Learned
counsel for the appellant submitted that an appeal against the
acquittal cannot be interfered by the Appellate Court except for
the compelling reasons. E
17. The appellants have questioned the correctness of the
High Court's judgment. According to them, the High Court had
not kept in view the parameters of appeal against acquittal. It is
submitted that even if two views are possible, the view support-
_, ing the accused had to be accepted and since the trial Court F
had precisely done it and there was no reason to interfere with
the judgment of the trial Court.
18. In view of rival submissions of the parties, we think it
proper to consider and clarify the legal position first. Chapter G
XXIX (Sections 372-394) of the Code of Criminal Procedure,
1973 (hereinafter referred to as "the present Code") deals with
, appeals. Section 372 expressly declares that no appeal shall
lie from any judgment or order of a criminal court except as
provided by the Code or by any other law for the time being in H
1172 SUPREME COURT REPORTS [2008) 13 S.C.R.
A force. Section 373 provides for filing of appeals in certain cases.
Section 374 allows appeals from convictions. Section 375 bars
appeals in cases where the accused pleads guilty. Likewise,
no appeal is maintainable in petty cases (Section 376).
19. Section 377 permits appeals by the State for enhance-
s ment of sentence. Section 378 confers power on the State to
present an appeal to the High Court from an order of acquittal.
The said section is material and may be quoted in extenso:
"378. Appeal in case of acquittal :(1) Save as otherwise
c provided in sub-section (2) and subject to the provisions
of sub-sections (3) and (5),
2 [(a) 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
D in respect of a cognizable and non-bailable offence;
(b) the State Government may, in any case, direct the
Public Prosecutor to present an Appeal to the High Court
from an original or appellate order of an acquittal passed
by any Court other than a High Court [not being an order
E under clause (a)] or an order of acquittal passed by the
Court of Session in revision.";].
(2) If such an order of acquittal is passed in any case in
which the offence has been investigated by the Delhi
F Special Police Establishment constituted under the Delhi
Special Police Establishment Act, 1946 (25 of 1946) or
by any other agency empowered to make investigation
into an o1'fence under any Central Act other than this Code,
3 [the Central Government may, subject to the provisions
of sub-section (3), also direct the Public Prosecutor to
G
present an Appeal-
(a) to the Court of Session, from an order of acquittal
passed by a Magistrate in respect of a cognizable and {
non-bailable offence;
H
MURUGAN & A~~R. v. STATE REP. BY PUBLIC 1173
)
PROSECUTOR, MADRAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J]
(b) to the High Court from an original or ar:ipellate order of A
an acquittal passed by a.ny Court Other than a High Court
[not being an order under clause (a)] or an order of acquittal
passed by the Court of Session in revision].
~
J • (3) No Appeal under sub-section (1) or sub-section (2)
B
shall be entertained except with the leave of the High Court.
(4) If such (Jn order of acquittal is passed in any case
instituted upon complaint and the High Cour~, on an
application made to it by the complainant in this behalf,
grants special leave to Appeal from the order of acquittal, c
the complainant may present such an Appeal to the High
Court.
(5) No application under sub-section (4) for the grant of
special leave to Appeal from an order of acquittal shall be
entertained by the High Court after the expiry of six months, D
" where the complainant is a public servant, and sixty days
\ in every other case, computed from the date of that order
of acquittal.
(6) If, in any case, the application under sub-section (4) for
E
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).
20. Whereas Sections 379-380 cover special cases of
-+ appeals, other sections lay down procedure to be followed by F
appellate courts.
21. It may be stated that more or less similar provisions
were found in the Code of Criminal Procedure, 1898 (hereinaf-
ter referred to as "the old Code") which came up for consider-
ation before various High Courts, Judicial Committee of the G
Privy Council as also before this Court. Since in the present
appeal, we have been called upon to decide the ambit and
scope of the power of an appellate court in an appeal against
an order of acquittal, we have confined ourselves to one aspe9t
only i.e. an appeal against an order of acquittal. H
1174 SUPREME COURT REPORTS [2008] 13 S.C.R.
A 22. Bare reading of Section 378 of the present Code (ap-
peal in case of acquittal) quoted above, makes it clear that no
restrictions have been imposed by the legislature on the pow-
ers of the appellate court in dealing with appeals against ac-
quittal. When such an appeal is filed, the High Court has full
\.
B power to reappreciate, review and reconsider the evidence at
large, the material on which the order of acquittal is founded
and to reach its own conclusions on such evidence. Both ques-
lions of fact and of law are open to determination by the High
Court in an appeal against an order of acquittal.
c 23. It cannot, however, be forgotten that in case of acquit-
tal, there is a 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 should be presumed to be innocent unless he is proved
D to be guilty by a competent court of law. Secondly, the accused
having secured an acquittal, the presumption of his innocence
is certainly not weakened but reinforced, reaffirmed and
strengthened by the trial court.
24. Though the above principles are well established, a
E different note was struck in several decisions by various High
Courts and even by this Court. It is, therefore, appropriate if we
consider some of the leading decisions on the point.
25. The first important decision was rendered by tho Judi-
F cial Committee of the Privy Council in Sheo Swarup v. R. Em-
peror (1934) 61 IA 398). In Shea Swarup the accused were
acquitted by the trial court and the local Government directed
the Public Prosecutor to present an appeal to the High Court
from an order of acquittal under Section 417 of the old Code
(similar to Section 378 of the present Code). At the time of hear-
G
ing of appeal before the High Court, it was contended on behalf
of the accused that in an appeal from an order of acquittal; it
was not open to the appellate court to interfere with the findings
of fact recorded by the trial Judge unless such findings could
not have been reached by him had there not been some per-
H
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1175
)
PROSECUTOR; MADRAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J.]
versity or incompetence on his part. The High Court, however, A
declined to accept the said view. It held that no condition was
·.imposed on the High Court in such appeal. It accordingly re-
viewed all the evidence in the case and having formed an opin-
ion of its weight and reliability different from that of the trial Judge,
recorded an order of conviction. A petition was presented to B
His Majesty in Council for leave to appeal on the ground that
conflicting views had been expressed by the High Courts in dif·
ferent parts of India upon the question whether in an appeal
from an order of acquittal, an appellate court had the power to
t interfere with the findings of fact recorded by the trial ~udge. . c
Their Lordships thought it fit to clarify the legal position and ac-
t cordingly upon the "humble advice of their Lordships", leave
was granted by His Majesty. The case was, thereafter, argued.
The Committee considered the scheme and interpreting Sec-
tion 417 of the Code (old Code) observed that there was no
0
indication in the Code of any limitation or restriction on the High
·. Court in exercise of powers as an Appellate Tribunal. The Code
also made no distinction as regards powers of the High Court
in dealing with an appeal against acquittal and an appeal against
conviction. Though several authorities were cited revealing dif-
ferent views by the High Courts dealing with an appeal from an E
order of acquittal, the Committee did not think it proper to dis-
cuss all the cases.
26. Lord Russel summed up the legal position thus:
"There is, in their opinion, no foundation for the view; F
apparently supported by the judgments of some courts in
India, that the High Court has no power .or jurisdiction to
reverse an order of acquittal on a matter of fact, except in
ca~e~ in which the lower court has 'obstinately blundered' :-:o ·
or has 'through incompetence, stupidity or perie.rsity' G
reached such 'distorted conclusions as to produce a
positive miscarriage of justice', or has in some other way ·
so conducted or misconducted itself as to 'produce a
glaring miscarri~ge of justice, or has been tricked by the
defence so as to produce a similar result." H
1176 SUPREME COURT REPORTS [2008) 13 S.C.R.
( •
A His Lordship, then proceeded to observe: (IA p.404)
"Sections 417, 418 and 423 of the Code give to the High
Court full power to review at large the evidence upon which
the order of acquittal was founded, and to reach the
conclusion that upon that evidence the order of acquittal
B should be reversed. No limitation should be placed upon
that power, unless it be found expressly stated in the Code."
27. The Committee, however, cautioned appellate courts
and stated: (IA p.404)
c "But in exercising the power conferred by the Code and
before reaching its conclusions upon fact, the High Court
should and will always give proper weight and
consideration to such matters as ( 1) the views of the trial
Judge as to the credibility of the witnesses; (2) the
D presumption of innocence in favour of the accused, a
presumption certainly not weakened by the fact that he
has been acquitted at his trial; (3) the right of the accused
to the benefit of any doubt; and (4) the slowness of an
appellate court in disturbing a finding of fact arrived at by
E a judge who had the advantage of seeing the witnesses.
To state this, however, is only to say that the High Court
in its conduct of the appeal should and will act in
accordance with rules and principles well known and
recognised in the administration of justice."
F (emphasis supplied)
28. In NurMohd. v. Emperor(AIR 1945PC 151), the Com-
mittee reiterated the above view in Sheo Swarup (Supra) and
held that in an appeal against acquittal, the High Court has full
powers to review and to reverse acquittal.
G
29. So far as this Court is concerned, probably the first
decision on the point was Prandas v. State (AIR 1954 SC 36) . j
(though the case was decided on 14-3-1950, it was reported
only in 1954). In that case, the accused was acquitted by the
H trial court. The Provincial Government preferred an appeal which
)
MURUGAN & ANR. v. STAfE REP. BY PUBLIC 1177
PROSECUTOR, MADRAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J.]
was allowed and the accused was convicted for offences pun- A
ishable under Sections 302 and 323 IPC. The High Court, for
convicting the accused, placed reliance on certain eyE:)witc
nesses.
30. Upholding the decision of the High Court and follow·
ing the proposition of law in Shea Swarup (supra), a six-Judge B
Bench held as follows:
"6. It must be observed at the very outset that we cannot
support the view which has been expressed in several
cases that the High Court has no power under Section c
417, Criminal Procedure Code, to reverse a judgment of
acquittal, unless the judgment is perverse or the
subordinate court has in some way or other misdirected
itself so as to produce a miscarriage of justice."
(emphasis supplied) D
31. In Surajpal Singh v. State (1952 SCR 193), a two-
Judge Bench observed that it ·was well established that in an
appeal under Section 417 of the (old) Code, the High Court
had full power to review the evidence upon which the order of
acquittal was founded. But it was equally well settled that the E
presumption of innocence of the accused was further reinforced
by his acquittal by the trial court, and the findings of the trial
.court which had the advantage of seeing the witnesses and
hearing their evidence could be reversed only for very substan-
tial and compelling. reasons. F
32. In Ajmer Singh v State of Punjab (1953 SCR 418)
the accused was acquitted by the trial court but was convicted
by the High Court in an appeal against acquittal filed by the
State. The aggrieved accused approached this Court. It was
G
contended by him thatthere were "no compelling reasons" for
setting aside the order of acquittal and due and proper weight
had not been given by the High Court to the opinion of the trial
court as regards the credibility of witnesses seen and exam-
ined. It was also commented that the High Court committed an
H
1178 SUPREME COURT REPORTS [2008] 13 S.C.R.
A error of law in observing that "when a strong 'prima facie' case
is made out against an accused person it is his duty to explain
· " the circumstances appearing in evidence against him and he
cannot take shelter behind the presumption of innocence and
cannot state that the law entitles him to keep his lips sealed".
B Upholding the contention, this Court said:
'
"We think this criticism is well founded. After an order of
acquittal has been made the presumption of innocence is
further reinforced by that order, and that being so, the trial
c court's decision can be reversl.d not on the ground that
the accused had failed to explain the circumstances
appearing against him but only for very substantial and
compelling reasons."
(emphasis supplied)
, D
33. In Atley v. State of UP (AIR 1955 SC 807) this Court
sa.id:
"In our opinion, it is not correct to say that unless the
appellate court in an appeal under Section 417, Criminal
E Procedure Code came to the conclusion that the judgment
of acquittal under appeal was perverse it could not set
aside that order.
It has been laid down by this Court that it is open to the
High Court on an appeal against an order of 51cquittal to
F review the entire evidence and to come to its own
conclusion, of course, keeping in view the well-established
rule-that the presumption of innocence of the accused is
not weakened but strengthened by the judgment of acquittal
passed by the trial court which had the advantage of
G observing the demeanour ofwitnesses whose evidence
have been recorded in its presence.
It is also well settled that the court of appeal has as wide
powers of appreciation of evidence in an appeal against
an order of acquittal as in the case of an appeal against
H
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1179
PROSECUTOR, MADRAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J.]
an order of conviction, subject to the riders that the presumption A
of innocence with which the accused person starts in the trial
court continues even up to the appellate stage and that the
appellate court should attach due weight to the opinion of the
trial court which recorded the order of acquittal,
If the appellate court reviews the evidence, keeping those B
principles in mind, and comes to a contrary conclusion,
the judgment cannot be said to have been vitiated."
(emphasis supplied)
34. In Aher Raja Khima v. State of Saurashtra (1955) 2 c
SCR 1285) the accused was prosecuted under Sections 302
and 447 IPC. He was acquitted by the trial court but convicted
by the High Court. Dealing with the power of the High Court
against an order of acquittal, Bose, J. speaking for the majority
(2:1) stated: (AIR p. 220, para 1) "It is, in our opinion, well settled D
that it is not enough for the High Court to take a different view of
the evidence; there must a/so be substantial and compelling
reasons for holding that the trial court was wrong.",
J
(emphasis· supplied)
E
35. In Sanwat Singh v. State of Rajasthan (1961) 3 SCR
120, a three-Judge Bench considered almost all leading deci-
sions on the point and observed that there was no difficulty in
applying the principles laid down by the Privy Council and ac-
~ cepted by the Supreme Court. The Court, however, noted that F
appellate courts found considerable difficulty in understanding
~ the scope of the words "substantial and compelling. reasons"
' used in certain decisions. It was observed inter-alia as follows:
"This Court obviously did not and could not add a condition
to Section 417 of the Criminal Procedure Code. The words G
were intended to convey the idea that an appellate court
'>
not only shall bear in mind the principles laid down by the
:1
Privy Council but also must give its clear reasons for
coming to the conclusion that the order of acql,Jittal was
" wrong." H
•
1180 SUPREME COURT REPORTS [2008]13 S.C.R.
A The Court concluded as follows:
"9. The foregoing discussion yields the following results:
( 1) an appellate court has full power to review the evidence
upon which the order of acquittal is founded; (2) the
principles laid down in Shea Swarup case afford a correct
B guide for the appellate court's approach to a case in
disposing of such an appeal; and (3) the different
phraseology used in the judgments of this Court, such as,
(1) 'substantial and compelling reasons', (i1) 'good and
sufficiently cogent reasons', and (iii) 'strong reasons' are
c not intended to curtail the undoubted power of an appellate
court in an appeal against acquittal to review the entire
evidence and to come to its own conclusion; but in doing
so it should not only consider every matter on record having
a bearing on the questions of fact and the reasons given
D by the court below in support of its order of acquittal in its
arriving at a conclusion on those facts, but should also
express those reasons in its judgment, which lead it to
hold that the acquittal was not justified."
36. Again, in M.G Agarwalv. State of Maharashtra (1963)
E 2 SCR 405, the point was raised before a Constitution Bench
of this Court. Taking note of earlier decisions, it was observed
as follows:
"17. In some of the earlier decisions of this Court, however,
F in emphasising the importance of adopting a cautious
approach in dealing with appeals against acquittals, it
was observed that the presumption of innocence is
reinforced by the order of acquittal and so, 'the findings of
the trial court which had the advantage of seeing the
witnesses and hearing their evidence can· be reversed
G
only for very substantial and compelling reasons': vide
Surajpal Singh v. State (1952 SCR 193). Similarly in Ajmer
Singh v. State otPunjab (1953 SCR 418), it was observed
that the interference of the High Court in an appeal against
· the order of acquittal would be justified only if there are
H
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1181
PROSECUTOR, MADRAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J.]
'very substantial and compelling reasons to do so'. In some A
other decisions, it has been stated that an order of acquittal
can be-reversed only for 'good and sufficiently cogent
reasons' or for 'strong reasons'. In appreciating the effect
of these observations, it must be remembered that these
observations were not intended to lay down a rigid or B
inflexible rule which should govern the decision of the High
Court in appeals against acquittals. They were not
. intended, and should not be read to have intended to
introduce an additional condition in clause (a) of Section
423(1) of the Code. All that the said observations are C
intended to emphasize is that the approach of the High
Court in dealing with an appeal against acquittal ought to
be cautious because as Lord Russell observed in Sheo
Swarup the presumption of innocence in favour of the
accused 'is not certainly weakened by the fact that he has D
been acquitted at his trial'. Therefore, the test suggested
by the· expression 'substantial and compelling reasons'
should not be construed as a formula which has to be
rigidly applied in every case. That isfhe effect of the recent
decisions of this Court, for iristance, in Sanwat Singh v..
State of Rajasthan and Harbans Singh v. State of Punjab E
(1962 Supp 1 SCR 104) and so, it is not necessary that
before reversing a judgment of acquittal, the High Court
must necessarily characterise the findings recprded
therein as perverse."
F
(emphasis supplied)
37. Yet in another leading decision in Shivaji Sahabrao
Bobade v. State of Maharashtra (1973 (2) SCC 793) this Court
held that in India, there.is_o_ojurisdictional limitation on the pow-
ers of appellate court. "In law there are no fetters on the plenary · G
power of the appellate court to review the whole evidence on
which the order of acquittal is founded and, indeed, it has a
duty to scrutinise the probative material de novo, informed, how-
ever, by the· weighty thought that ttie-rebuttable innocence at-
tributed to the accused having been converted into an acquittal H
1182 SUPREME COURT REPORTS [2008] 13 S.C.R.
A the homage our jurisprudence owes to individual liberty con-
strains the higher court not to upset the holding without very
convincing reasons and comprehensive consideration."
38. Putting emphasis on balance between importance of
individual liberty and evil of acquitting guilty persons, this Court
8 observed as follows:
"6. Even at this stage we may remind ourselves of a
necessary social perspective in criminal cases which
suffers from insufficient forensic appreciation. The dangers
c of exaggerated devotion to the rule of benefit of doubt at
the expense of social defence and to the soothing
sentiment that all acquittals are always good regardless
of justice to the victim and the community, demand especial
emphasis in the contemporary context of escalating crime
and escape. The judicial instrument has a public
D
accountability. The cherished principles or golden thread
of proof beyond reasonable doubt which runs thro' the
web of our law should not be stretched morbidly to embrace
every hunch, hesitancy and degree of doubt. The excessive
solicitude reflected in the attitude that a thousand guilty
E men may go but one innocent martyr shall not suffer is a
false dilemma. Only reasonable doubts belong to the
accused. Otherwise any practical system of justice will
then breakdown and lose credibility with the community.
The evil of acquitting a guilty person light-heartedly, as a
F learned author (Glanville Williams in Proof of Guilt) has
saliently observed, goes much beyond the simple fact that
just one guilty person has gone unpunished. If unmerited
acquittals become general, they tend to lead to a cynical
disregard of the law, and this in turn leads to a public
G demand for harsher legal presumptions against indicted
'persons' and more severe punishment of those who are
found guilty. Thus, too frequent acquittals of the guilty may
lead to a ferocious penal law, eventually eroding the judicial
protection of the guiltless. For all these reasons it is true
H to say, with Viscount Simon, that 'a miscarriage of justice
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1183
PROSECUTOR, MADRAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J.]
may arise from the acquittal of the guilty no less than from A
the conviction of the innocent. ... ' In short, ourjurisprudential
enthusiasm for presumed innocence must be moderated
by the pragmatic need to make criminaljustice potent
and realistic. A balance has to be struck between chasing
chance possibilities as good enough to set the delinquent B ·
free and chopping the logic of preponderant probability
to punish marginal innocents."
(emphasis supplied)
39. In K. Gopal Reddy v. State of A.P (1979) 1 SCC 355, C
the Court was considering the power of the High Court against
an order of acquittal under Section 378 of the present Code.
After considering the relevant decisions on the point it was
stated as follows:
"9. The principles are now well settled. At one time .it was P
thought that an order of acquittal could be set aside for
'substantial and compelling reasons' only and courts used
to launch on a search to discover those 'substantial and
compelling reasons'. However, the 'formulae' of 'substantial
and compelling reasons', 'good and sufficiently cogent E
reasons' and 'strong reasons' and the search for them
were abandoned as a result of the pronouncement of this
Court in Sanwat Singh v. State of Rajasthan (1961) 3
SCR 120. In Sanwat Singh case this Court harked back
• to the principles enunciated by the Privy Council in Sheo F
Swarup v. R. Emperor and reaffirmed those prindples.
After Sanwat Singh v. State of Rajasthan this Court has
consistently recognised the right of the appellate court to
review the entire evidence and to come to its own
conclusion bearing in mind the considerations mentioned G
by the Privy Council in Shea Swarup case. Occasionally
phrases like 'manifestly illegal', 'grossly unjust', have been
used to describe the orders of acquittal which warrant
interference. But, such expressions have been used more
as flourishes of language, to emphasise the reluctance of H.
1184 SUPREME COURT REPORTS [2008] 13 S.C.R
A the appellate court to interfere with an order of acquittal
than to curtail the power of the appellate court to review
the entire evidence and to come to its own conclusion. ln
some cases (Ramaphupala Reddy v. State of A.P, (AIR
1971 SC 460) Bhim Singh Rup Singh v. State of
B Maharashtra (AIR 1974 SC 286), it has been said that to
the principles laid down in Sanwat Singh case may be
added the further principle that 'if two reasonable
conclusions can be reached on the basis of the evidence
on record, the appellate court should not disturb the finding
c of the trial court'. This, of course, is not a new principle. It
stems out of the fundamental principle of our criminal
jurisprudence that the accused is entitled to the benefit of
any reasonable doubt. If two reasonably probable and
evenly~balanced views of the evidence are possible, one
must necessarily concede the existence of a reasonable
D
doubt. But, fanciful and remote possibilities must be left
out of account. To entitle an accused person to the benefit
of a doubt arising from the possibility of a duality of views,
the possible view in favour of the accused must be as
nearly reasonably probable as that against him. If the
E preponderance of probability is all one way, a bare
possibility of another view will not entitle the accused to
claim the beni:~fit of any doubt. It is, therefore, essential
that .any view of the evidence in favour of the accused
must be reasonable even as any doubt, ·the benefit of
F which an accused person may claim, must be
reasonable." ·
(emphasis supplied)
40. In Ramesh Babula/ Doshi v. State of Gujarat (1996) 9
G SCC 225, this Cour1 said:
"While sitting in judgment over an acquittal the appellate
court is first required to seek an answer to the question
whether the findings of the trial court are palpably wrong,
manifestly erroneous or demonstrably unsustainable. If the
H
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1185.
> PROSECUTOR, MA.ORAS, T. NADU ANR. [DR. ARIJIT PASAYAT, J.]
appellate court answers the above question in the negative A
the order of acquittal is not to be disturbed. Conversely, if
the appellate court holds, for reasons to be recorded, that
the order of acquittal cannot at all be sustained in view of
any of the above infirmities it can then-and then only-
.. reappraise the evidence to arrive at its own conclusions." B
41. In Allarakha K. Mansuri v. State of Gujarat (2002) 3
. SCC 57, referring to earlier decisions, the Court stated:
"7. The paramount consideration ·of the court should be to
avoid miscarriage of justice. A miscarriage of justice which c
may arise from the acquittal of guilty is no less than from
the conviction of an innocent. In a case where the trial
court has taken a view based upon conjectures and
hypothesis and not on the legal evidence, a duty is cast
upon the High Court to reappreciate the evidence in
D
~ acquittal appeal for the purposes of ascertaining as to
whether the accused has committed any offence or not.
Probable view taken by the trial court which may not be
disturbed in the appeal is such a view which is based
upon legal and admissible evidence. Only because the
accused .has been acquitted by the trial court, cannot be E
made a basis to urge that the High Court under all
circumstances should not disturb such a finding."
42. In Bhagwan Singh v. State of MP. (2002) 4 SCC 85,
. the trial court acquitted the accused but the High Court con- F
victed them. Negativing the contention of the appellants that the
High Court could not have disturbed the findings of fact of the
trial court even if that view was not correct, this Court observed:
"7. We do not agree with the submissions of the learned
counsel for the appellants that under Section 378 of the G
Code of Criminal Procedure the High Court could not
disturb the finding of facts of the trial court even If It found
• that the view taken by the trial court was not proper. On the
basis of the pronouncements of this Court, the settled
position of law regarding the powers of the High Court in H
~.
1186 SUPREME COURT REPORTS [2008] 13 S.C.R.
A an appeal against an order of acquittal is that the Court
has full powers to review the evidence upon which an
order of acquittal is based and generally it will not interfere
with the order of acquittal because by passing an order of
acquittal the presumption of innocence in favour of the
8 accused is reinforced. The golden thread which runs
through the web of administration of justice in criminal
case is that if two views are possible on the evidence
adduced in the case, one pointing to the guilt of the accused
and the other to his innocence, the view which is favourable
c to the accused should be adopted. Such is not a jurisdiction
limitation on the appellate court but judge-made guidelines
for circumspection. The paramount consideration of the
court is to ensure that miscarriage of justice is avoided. A
miscarriage of justice which may arise from the acquittal
of the guilty is no less than from the conviction of an
D
innocent. In a case where the trial court has taken a view
ignoring the admissible evidence, a duty is cast upon the
High Court to reappreciate the evidence in acquittal appeal
for the purposes of ascertaining as to whether all or any
of the accused has committed any offence or not".
E
43. In Harijana Thirupala v. Public Prosecutor, High Court
of A.P (2002) 6 SCC 470, this Court said:
"12. Doubtless the High Court in appeal either against an
order of acquittal or conviction as a court of first appeal
F has full power to review the evidence to reach its own
independent conclusion. However, it will not interfere with
an order of acquittal lightly or merely because one other
view is possible, because with the passing of an order of
acquittal presumption of innocence in favour of the
G accused gets reinforced and strengthened. The High Court
would not be justified to interfere with order of acquittal
merely because it feels that sitting as a trial court it would
have proceeded to record a conviction; a duty is cast on
the High Court while reversing an order of acquittal to
H examine and discuss the reasons given by the trial court
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1187
.)~
PROSECUTOR, MADRAS, T NADU ANR. [DR ARIJIT PA$AYAT, J.]
to acquit the accused and then to dispel those reasons. If A
the High Court fails to make such an exercise th~ judgment
will suffer from serious infirmity." !
s-
44. In Ramanand Yadav v. Prabhu Nath Jha (2003) 12
.. SCC 606, this Court observed:
8
"21. There is no embargo on the appellate court reviewing
the evidence upon which an order of acquittal is based.
Generally, the·order of acquittal shall not be interfered with
because the presumption of innocence of the accused is
further strengthened by acquittal. The golden thread which c
runs through the web of administration of justice in criminal
cases is that iftwo views are possible on the evidence
adduced in the case, one pointing to the guilt of the accused
. and the other to his innocence, the view which is favourable
to the accused should be adopted. The paramount
p
consideration of the court is to ensure that miscarriage of ·I'
justice is prevented. A miscarriage of justice which may
arise from acquittal of the guilty is no less than from the
conviction of an innocent. In a case where a::lmissible
evidence is ignored, a duty is. cast upon the appellate
court to reappreciate the evidence in a case where the E
accused has been acquitted, for the purpose of
ascertaining as to whether any of the accused committecj
.any offence or not:
45. Again in Kallu v. State of M.P (2006) 10 SCC 313, F
this Court stated:
"8. While deciding an appeal against acquittal, the power
of the appellate court is no less than the power exercised
while hearing appeals against conviction. In both types of
appeals, the pow!'!r exists to review· the enti're evidence. G
However, one significant difference is that an order of
acquittalwillnot be interfered with; by ~n appellate court,
where the judgment Of the trial court is based on evidence
. '
an.d the view taken is reasonable and plausible. It will not
revers~the decision of the trial court merely because a H
'".
•·
1188 SUPREME COURT REPORTS [2008] 13S.C.R. ~
A different view is possible. The appellate court will also
bear in mind that there is a presumption of innocence in
favour of the accused and the accused is entitled to get
the benefit of any doubt. Fwther if it decides to interfere,
it should assign reasons for differing with the decision of
~
B the trial court."
(emphasis supplied)
46. From the above decisions, in Chandrappa and Ors.
V. State of Karnataka (2007 (4) sec 415), the following gen-
c eral principles regarding powers of the appellate court while
dealing with an appeal against an order of acquittal were culled
out:
(1) An appellate court has full power to review,
reappreciate and reconsider the evidence upon
D 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
E fact and of law.
(3) Various expressions, such as, "substantial and
compelling reasons", "good and sufficient grounds",
"very strong circumstances", "distorted conclusions",
F "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 emphasise
the reluctance of an appellate court to interfere with
acquittal than to curtail the power of the court to review
G
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
H innocence is available to him under the fundamental
MURUGAN & ANR. v. STATE REP. BY PUBLIC 1189
PROSECUTOR, MADRAS, T NADU ANR [DR. ARIJIT PASAYAT, J.)
principle of criminal jurisprudence that every person A
shall be presumed to be innocen.t 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. 8
(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.
c
4 7. A person has, no doubt, a profound right not to be cpn-
victed of an offence which is not established by the evidential
standard of proof beyond reasonable doubt. Though this stan-
dard is a higher standard, there is, however, no absolute stan-
dard. What degree of probability amounts to "proof" is an exer- D
cise particular to each case. Referring to the interdependence
of evidence and the confirmation of one piece of evidence by
another, a learned author says [see "The Mathematics of Proof
II": Glanville Williams, Criminal Law Review,, 1979, by Sweet
and Maxwell, p.340 (342)):
"The simple multiplication rule does not apply if the
separate pieces of evidence are dependent. Two events
are dependent w_hen they tend to occur together, and the
evidence of such events may also be .said to be dependent.
In a criminal case, different pieces of evidence directed to F
establishing that the defendant did the prohibited act with
the specified state of mind are generally dependent. A
junior may feel doubt whether to credit an alleged
confession, and doubt whether to infer gliilt from the fact
· that the defendant fled from justice. But since it is generally G
guilty rather than innocent people who make confessions,
·· and guilty rather th ah innocent people who run away, the
two doubts are not to be multiplied together. The one piece
of evidence may confirm the other."
48. Doubts would be called reasonable if they are free H
1190 SUPREME COURT REPORTS [2008] 13 S.C.R.
A from a zest for abstract speculation. Law cannot afford any
favourite other than truth. To constitute reasonable doubt, it must
be free from an overemotional response. Doubts must be ao-
tual and substantial doubts as to the guilt of the accused per-
sons arising from the evidence, or from the lack of it, as op-
B posed to mere vague apprehensions. A reasonable doubt is •
not an imaginary, trivial or a merely possible doubt, but a fair
doubt based upon reason and common sense. It must grow out
of the evidence in the case.
49. The concepts of probability, and the degrees of it, can-
c not obviously be expressed in terms of units to be mathemati-
cally enumerated as to how many of such units constitute proof
beyond reasonable doubt. There is an unmistakable subjective
element in the evaluation of the degrees of probability and the
quantum of proof. Forensic probability must, in the last analy-
D sis, rest on a robust common sense and, ultimately, on the trained
~
intuitions of the Judge. ·while the,protection given by the crimi-
nal process to the accused persons is not to be eroded, at the
same time, uninformed legitimization of trivialities would make
a mockery of administration of criminal justice. This position
E was illuminatingly stated by Venkatachaliah, J. (as His Lord-
ship then was) in State of UP v. Krishna Gopal (1988 (4) SCC
302).
50. The above position was highlighted in Krishnan and
Anr. v. State represented by Inspector of Police (2003 (7) SCC
F 56) and in Criminal Appeal No. 572 of 2001 entitled Valson & ~
· Anr. v. State of Kerala (decided on 01•1 August, 2008).
51. When the factual position is analysed in the background
of the conclusions arrived at by the High Court, the inevitable
G conclusion is that the High Court's judgment is correct. The ap-
peal is dis.missed. The appellants who are directed to be re-
leased on bail by order dated 10.12.2001, shall surrender to
custody forthwith to serve the remainder of sentence. ~
R.P. Appeal dismissed.
t:t.
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