Supreme Court of India
PERLA SOMASEKHARA REDDY AND ORS.versusSTATE OF A.P. REP. BY PUBLIC PROSECUTOR
- Citation
- 2009 INSC 719
- Decided
- 6 May 2009
- Disposal
- Dismissed
- Bench
- ARIJIT PASAYAT
Holding
An appellate court may fully review evidence in an appeal against acquittal, but may overturn the acquittal only for very substantial and compelling reasons; the High Court's judgment was not infirm, so the appeal is dismissed.
Summary
The accused were charged with murder and related offences under the IPC and the Explosive Substances Act. The trial court acquitted them, but the High Court, on appeal by the State, convicted several of the accused under sections 302, 302 r/w 149 and 307, while acquitting them of other charges. The State appealed to the Supreme Court, challenging the High Court's power to set aside the acquittal and the evidential basis of the convictions. The Court reiterated that under Section 378 of the CrPC an appellate court has full authority to re‑appreciate the evidence in an appeal against acquittal, but must respect the double presumption of innocence and overturn an acquittal only for very substantial and compelling reasons. Applying these principles, the Court found no infirmity in the High Court's judgment and dismissed the State's appeal, leaving the convictions intact. The judgment also clarified the nature of reasonable doubt and the standards of proof beyond reasonable doubt.
Issues considered
- The extent of the appellate court's power under Section 378 CrPC to review and overturn an order of acquittal.
- Whether the High Court correctly applied the principles of presumption of innocence and reasonable doubt in convicting the accused.
- Whether procedural irregularities, such as alleged ante‑dating of the FIR, merit setting aside the conviction.
- Whether the evidence established guilt beyond reasonable doubt under the standards articulated by the Court.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 373, s. 374, s. 375, s. 376, s. 377, s. 378
- Explosive Substances Act, 1908s. 3, s. 5
- Indian Penal Code, 1860s. 120-B, s. 148, s. 149, s. 302, s. 307
Subjects
appellate reviewacquittalreasonable doubtpresumption of innocenceSection 378 CrPCmurderburden of proofevidentiary standards
Judgment
[2009) 8 S.C.R. 145
PERLA SOMASEKHARA REDDY AND ORS. A
v.
STATE OF A.P. REP. BY PUBLIC PROSECUTOR
(Criminal Appeal No. 1218 of 2006)
MAY 6, 2009
B
[DR. ARIJIT PASAYAT AND ASOK KUMAR
GANGULY, JJ.]
Penal Code, 1860:
c
'Sections 302, 302 rlw 149, 307, 120-8, 148:
Murder - Charges framed under various sections of /PC
- All accused acquitted by Trial Court - On appeal by State,
High Court convicted the accused under Sections 302, 302
D
r/w 149 and 307 - Acquitted the accused of the rest of the
charges except under Sections 120-8 and 148 - Appeal to
Supreme Court - Powers of the Appellate Court against
acquittal - Discussed - Principles reiterated - Reasonable
doubt is a fair doubt based upon reason and common sense
- Concepts of probability and degrees thereof - Discussed E
- Allegation that FIR was ante timed is without any foundation
- Thus, the impugned judgment does not suffer from any
~
infirmity to warrant interference - Explosive Substances Act,
1908, Sections 3 and 5 - Code of Criminal Procedure, 1973,
Section 378. F
The accused were charged under various Sections
of the Penal Code. The trial court acquitted the accused.
On an appeal preferred by the State, the High Court
convicted the accused under Sections 302, 302 r/w 149 G
and 307. It, however, acquitted the accused of the rest of
the charges except under Sections 120-B and 148 IPC.
Hence the appeal.
Dismissing the appeal, the Court
145 H
146 SUPREME COURT REPORTS [2009) 8 S.C.R.
A HELD: 1.1. A bare reading of Section 378 Cr.P .C.
(appeal in case of acquittal), makes it clear that no
restrictions have been imposed by the legislature on the
powers of the appellate court in dealing with appeals
against acquittal. When such an appeal is filed, the High
B Court has full power to re-appreciate, 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 questions of fact
and of law are open to determination by the High Court
c in an appeal against an order of acquittal. [Para 9] (156-
E-G]
1.2. It cannot, however, be forgotten that in case of
acquittal, there is a double presumption in favour of the
accused. Firstly, the presumption of innocence is •
D available to him under the fundamental principle of
criminal jurisprudence that every person should be
presumed to be innocent unless he is proved to be guilty
by a competent court of law. Secondly, the accused
having secured an acquittal, the presumption of his
E innocence is certainly not weakened but reinforced,
reaffirmed and strengthened by the trial court. [Para 10]
I-
[156-H; 157-A-B]
2.Powers of the appellate court while dealing with an
F appeal against an order of acquittal are:
(i) An appellate court has full power to review,
reappreciate and reconsider the evidence
upon which the order of acquittal is founded.
G (ii) 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 fact and of
H law.
PERLA SOMASEKHARA REDDY v. STATE OF A.P. 147
REP. BY. PUBLIC PROSECUTOR
(iii) Various expressions, such as, "substantial A
and compelling reasons", "good and sufficient
grounds", "very strong circumstances",
"distorted conclusions", "glaring mistakes",
etc. are not intended to curtail extensive
powers of an appellate court in an appea_ I B
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 tq review the evidence c
and to come to its own conclusion.
(iv) 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 innocence is available to D
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 E
presumption of his innocence is furthe·r
reinforced, reaffirmed and strengthened by the
triaJ court.
(v) If two reasonable conclusions are possible on . F
the basis of the evidence on record, the
appeUate court should not disturb the finding
of acquittal recorded by the trial court. [Para
35] [171-D-H; 172-A-D]
Chandrappa and Ors. v. State of Karnataka 2007 (4) G
sec 415, relied on.
Sheo Swarup v. R. Emperor (1934) 61 IA 398; Nur Mohd.
v. Emperor AIR 1945 PC 151; Prandas v. State AIR 1954 SC
36; Surajpal Singh v. State 1952 SCR 193; Ajmer Singh v. H
148 SUPREME COURT REPORTS [2009] 8 S.C.R.
A State of Punjab 1953 SCR 418; Atley v. State of U.P. AIR
1955 SC 807; Aher Raja Khima v. State of Saurashtra (1955)
2 SCR 1285; Sanwat Singh v. State of Rajasthan (1961) 3
SCR 120; M.G. Agarwal v. State of Maharashtra (1963) 2
SCR 405; Shivaji Sahabrao Bobade v. State of Maharashtra
B 1973 (2) SCC 793; K. Gopa/ Reddy v. State of A.P (1979) 1
SCC 355; Ramesh Babula/ Doshi v. State of Gujarat (1996)
9 SCC 225; Allarakha K. Mansuri v. State of Gujarat (2002)
3 SCC 57; Bhagwan Singh v. State of M.P. (2002) 4 SCC 85;
Harijana Thirupala v. Public Prosecutor, High Court of A.P.
(2002) 6 SCC 470; Ramanand Yadav v. Prabhu Nath Jha
c (2003) 12 SCC 606 and Kallu v. State of M.P. (2006) 10 SCC
313, referred to.
3. A person has, no doubt, a profound right not to be
convicted of an offence which is not established by the
D evidential standard of proof beyond reasonable doubt. •
Though this standard is a higher standard, there is,
however, no absolute standard. What degree of
probability amounts to "proof' is an exercise particular
to each case. [Para 36) [172-D-E]
E
"The Mathematics of Proof //": Glanville Williams
Criminal Law Review, 1979, by Sweet and Maxwell, p.340,
referred to.
4.Doubts would be called reasonable if they are free
F 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 actual and substantial doubts as to the
guilt of the accused persons arising from the evidence,
G 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 common sense. It must grow out of the
evidence in the case.[Para 37) [173-B-D]
H
PERLA SOMASEKHARA REDDY v. STATE OF A.P. 149
REP. BY PUBLIC PROSECUTOR
5.The concepts of probability, and the degrees of it, A
cannot obviously be expressed in terms of units to be
mathematically enumerated as to how many of such units
constitute proof beyond rE!asonable doubt. There is an
unmistakable subjective element in the evaluation of the
degrees of probability and the quantum of proof. Forensic B
probability must, in the last analysis, rest on a robust
common sense and, ultimately, on the trained intuitions
of the Judge. While the protection given by the criminal
process to the accused persons is not to be eroded, at
the same time, uninformed legitimization of trivialities c
would make a mockery of administration of criminal
justice. [Para 38) [173-0-F]
State of U.P. v. Krishna Gopal 1988 (4) SCC 302 and
Krishnan and Anr. v. State represented by Inspector of Police
2003 (7) sec 56, relied on. D
6.ln the instant case the incident took place in front
of MOO office at Vemula around 1.40 p.m. The finding of
the trial Court is to the effect that murder of deceased
took place at 1.40 p.m. at Vemula and the same fact is not E
disputed by the accused persons. Between 2.40 and 2.45
p.m. the deceased and the injured were taken to the
Government Hospital at Pulivendula by PW-9 which is
also 12 KM from the place of occurrence. The medical
intimation is Ext.P-25 which was sent to the Station In- F
charge at 2.45 p.m. PW-1 the de facto complainant was
examined by PW-22 at around 3.30 p.m. The Station In-
charge Pulivendula received information around that
time. At 4.00 p.m. the statement of the de facto
complainant (PW-1) was recorded by the Head Constable G
in the presence of PW-22. The statement of PW-1
alongwlth Ext.P-25 was sent to Vemula Police Station on
the point of jurisdiction and the same was registered as
Crime No.22, of 1998 at Vemula P.S. by PW-21. The
H
150 SUPREME COURT REPORTS (2009) 8 S.C.R.
'
A inquest was held at around 9 to 12 p.m. and copy of FIR
was received by the Elaqa Magistrate. It is to be noted that
since the Magistrate at Pulivendula was on leave and
Magistrate at another place was not the in-charge, it was
sent to another Court which is at a distance of 60 K.M.
B as is evident from the evidence of PW-21. Therefore, there
is no delay in sending the FIR to the Magistrate. The
allegation that the FIR was ante timed is without any
foundation. [Para 40) [173-G-H; 174-A-E]
7.The impugned judgment cannot be said to be
c suffering from infirmity to warrant interference. [Para
41) [174-E-F]
Case Law Reference:
(1934) 61 IA 398 referred to Para 12 •
D
AIR 1945 PC 151 referred to Para 16
AIR 1954 SC 36 referred to Para 17
1952 SCR 193 referred to Para 19
E
1953 SCR 418 referred to Para 20
AIR 1955 SC 807 referred to Para 22
(1955) 2 SCR 1285 referred to Para 23
F (1961) 3 SCR 120 referred to Para 24
(1963) 2 SCR 405 referred to Para 25
1973 (2) sec 793 referred to Para 26
G (1979) 1 sec 355 referred to Para 28
(1996) 9 sec 225 referred to Para 29
(20021 3 sec 57 referred to Para 30
(2002) 4 sec 85 referred to Para 31
H
PERLA SOMASEKHARA REDDY v. STATE OF A.P. 151
REP. BY PUBLIC PROSECUTOR
(2092) 6 sec 470 referred to Para 32 A
(2003) 12 sec 606 referred to Para 33
(2006) 10 sec 313 referred to · Para 34
2001 (4) sec 415 relied on Para 35
B
1988 (4) sec 302 relied on Para 38
2003 (7) sec 56 relied on Para 39
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 1218 of 2006. C
From the Judgment & Order dated 29.09.2006 of the High
Court of Judicature, Andhra Pradesh at Hyderabad in Criminal
Appeal No. 1227 of 2004.
' Sushil Kumar, S.S.S. Reddy, Aditya Kumar, P. Veera D
·Reddy and S. Usha Reddy for the Appellants.
K.T.S. Tulsi and D. Bharathi Reddy for the Respondent.
The Judgment of the Court was delivered by E
DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is
to the judgment of a Division Bench of the Andhra Pradesh
.. High Court which by the impugned judgment allowed the appeal
filed by the State and held A-1 to A-4, A-6, A-7, A-9 tp A-13
guilty for various offences. A-3 was found guilty of offence F
punishable under Section 302 of the Indian Penal Code, 1860
(in short the 'IPC'). A-1, A-2, A-4, A-6, A-7, A-9 to A-13 were
found guilty of offence punishable under Section 302 read with
Section 149 IPC and A-1 to A-4, A-6, A-7, A-9 to A- 1 13 were
also found guilty of offence punishable under Section 307 IPC G
as also under Sections 3 and 5 of Explosive Substances Act,
1908 (in short the 'Explosive Act'). They were acquitted of the
rest of the charges except under Section 120-B and Section
148 IPC.
152 SUPREME COURT REPORTS [2009] 8 S.C.R.
A 2. Prosecution case during trial is essentially as follows:
A-1, A-2, A-5 and A-19 are brothers and A-19 is the
Chainnan of the Agricultural Market Yard, Pulivendula. The other
accused are followers of A-19 and supporters of Telugu Desam
Party. The deceased Y.S. Raja Reddy was an Ex-Sarpanch of
.8
Pulivendula. PW-1 is the Driver, PW-2 is the Private Body
Guard., PWs. 3 and 4 are Carpenters, PWs.5 and 6 are
residents of Gondipalli Village of Vemula Mandall and PWs.7
and 8 are residents of Vemula village. In January, 1996,
deceased and his followers attacked A-19 and caused
c grievous injuries to him. Since then A-19 and his associates
had decided to do away with the deceased.
On 23-05-1998 the deceased along with PWs.1 to 4 went
to his Estate situated at Gandi village in a car. When he was
D returning to Pulivendula and when the car reached Vemula •
village, they found stagnation of water on the road ne~r MOO
Office. PW-1 slowed down the car to cross the water. At that
moment A-1 to A-13, A-16, and A-17 surrounded the car. When
A-1 exhorted, the other accused uttered "Kill Raja Reddy" and
E A-2 hurled a bomb on the deceased and the front glass of the
car was broken. A-3 to A-13, A-16 and A-17 also hurled bombs
on the car. The bomb hurled by A-3 hit the head of the
deceased and exploded causing blasting of his skull resulting
in his instantaneous death. The bombs hurled by the other
accused hit the deceased and PWs. 1 to 4. They suffered
F
splinter injuries all over the body and the car was also badly
damaged. Due to explosion of bombs, A-5 sustained splinter
injuries and fell down unconscious. A-5 was shifted to the house
of his uncle by the other accused and PWs 1 to 4 were shifted
to Pulivendula hospital for treatment. PW-25, the Head
G
Constable of Pulivendula Police Station, went to the hospital
and recorded the statement of PW-1 at 4.00 PM and forwarded ,.
the same to Vemula Police Station on the point of jurisdiction.
On the basis of the said complaint, a crime was registered at
5.45 PM and copies of FIR were sent to all concerned. PW-
H
PERLA SOMASEKHARA REDDY v. STATE OF AP. REP. 153
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
30, the Inspector of Police, took up the investigation, held A '
- inquest over the dead body of the deceased frnm 9.00 PM to
12.00 midnight and got conducted postmortem examination
over the dead body of the deceased. Immediately after inquest
PW-32 took up further investigation and arrested the accused
on various dates. On surrender of A-15, a judicial confession B
was recorded under Section 164 of the Code of Criminal
Procedure, 1973 (in short the 'Code') by PW-17, the then Ill
Additional Junior Civil Judge, Cuddapah, and the case property
was sent to Forensic Science Laboratory for examination and
after getting the report and obtaining sanction from the c
· Collector, a charge sheet was filed against all the accused.
Charges were framed against the accused for the offences
under Sections 120-B 148, 302, 302/149, 307, 307/149, 435,
435/149 IPC and Section 3, 5, and 6 of Explosive Act. All the
accused denied the charges and claimed for trial. Trial Court D
acquitted the accused persons. An appeal was preferred by
State which as noted above was partially allowed.
~- In support of the appeal, learned counsel for the
appellants submitted that the view taken by the High Court was
a possible view and the reversal was done by taking another E
view. The prosecution, it is to be noted, gave up its case so
far as A-15, A-18 and A-19 are concerned. A-5 died on the
date of the occurrence while A-8 died during the pendency of
.. the trial. In other words, there are 13 accused persons whose
case remains to be considered. The High Court acquitted A- F
16 and A-17 from all the charges and convicted the rest of the
accused as noted above.
4. There were four injured eye witnesses PWs 1, 2, 3 and
4. A complaint was given by PW-1 the driver, wherein the G
names of A-1 to A-13, A-14 and A-19 were mentioned. The
same was recorded by PW-25 in the presence of PW-22 the
doctor in the Government Hospital. Exh.P-4 is the inquest report
which was witnessed by PWs 2 to 4. PW-1 was the driver of
the deceased working for nearly four years and PW-2 was the H
154 SUPREME COURT REPORTS [2009] 8 S.C.R.
A Personal Assistant of the deceased. PWs 3 and 4 were
carpenters working near the place of occurrence. The eye
witnesses apart from PWs 1 to 4 were PWs 5 and 6 of
Gondipalli village and PWs 7 and 8 of Vemula village. Learned
counsel for the appellants submitted that the view taken by the
B trial Court was a possible view and the High Court should not
have interfered with the finding. There was considerable delay
in lodging the FIR. The accused belong to different villages and
it could not be possible for all of them to assemble at one place
with common intention and to attack as they did not have any
c common motive or prior conspiracy. The so called eye
witnesses belong to different villages and their version would
not be truthful and reliable. The investigation in the case was
tainted and there were several lapses in the process of
conducting the investigation. PWs 1 to 4 were members of the
deceased's group and, therefore, their evidence could not have
0
been believed. The doctor helped the prosecution as he did
not conduct the post mortem examination or the internal
examination of the dead body. The dead body was shifted and
the injured witnesses also unauthorisedly went out from the
E scene of offence and there was no reason given.
5. Learned counsel for the respondent-State on the other
hand submitted that the trial Court's approach was ~rroneous
and its conclusions were perverse. The High Court was
therefore justified in setting aside the acquittal and directed
F conviction.
6. In view of rival submissions of the parties, we think it
proper to consider and clarify the legal position first. Chapter
XXIX (Sections 372-394) of the Code of Criminal Procedure,
G 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
force. Section 373 provides for filing of appeals in certain
H cases. Section 374 allows appeals from convictions. Section
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 155
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
375 bars appeals in cases where the accused pleads guilty. A
Likewise, no appeal is maintainable in petty cases (Section
376). Section 377 permits appeals by the State for
enhancement 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 B
extenso:
"378. Appeal in case of acquittal.-(1) Save as otherwise
provided in sub-section (2) and subject to the provisions
of sub-sections (3) and (5), the State Government may, in
any case, direct the Public Prosecutor to present an c
appeal to the High Court from an original or appellate order
of acquittal passed by any court other than a High Court,
or an order of acquittal passed by the Court of Session in
revision.
,. D
(2) If such an order of acquittal is passed in any case in
which the offence has been investigated by the Delhi
Special Police Establishment constituted under the Delhi
Special Police Establishment Act, 1946 (25 of 1946), or
by any other agency empowered to make investigation E
into an offence under any Central Act other than this Code,
the Central Government may also direct the Public
Prosecutor to present an appeal, subject to the provisions
of sub-section (3), to the High Court from the order of
""
acquittal. p
(3) No appeal under sub-section (1) or sub-section (2) shall
be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case
instituted upon complaint and the High Court, on an G
application made to it by the complainant in this behalf,
grants special leave to appeal from the order of acquittal,
the complainant may present such an appeal to the High
Court.
H
156 SUPREME COURT REPORTS (2009] 8 S.C.R.
A (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,
where the complainant is a public servant, and sixty days
in every other case, computed from the date of that order
B of acquittal.
(6) 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)."
c
7. Whereas Sections 379-380 cover special cases of
appeals, other sections lay down procedure to be followed by
appellate courts.
8. It may be stated that more or less similar provisions
D
were found in the Code of Criminal Procedure, 1898
(hereinafter referred to as "the old Code") which came up for
consideration before various High Courts, Judicial Committee
of the Privy Council as also before this Court. Since in the
present appeal, we have been called upon to decide the ambit
E and scope of the power of an appellate court in an appeal
against an order of acquittal, we have confined ourselves to one
aspect only i.e. an appeal against an order of acquittal.
9. Bare reading of Section 378 of the present Code •
F (appeal in case of acquittal) quoted above, makes it clear that
no restrictions have been imposed by the legislature 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 to re-appreciate, review and reconsider the evidence at
G large, the material on which the order of acquittal is founded
and to reach its own conclusions on such evidence. Both
questions of fact and of law are open to determination by the
High Court in an appeal against an order of acquittal.
10. It cannot, however, be forgotten that in case of acquittal,
H
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 157
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
there is a double presumption in favour of the accused. Firstly, A
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
to be guilty by a competent court of law. Secondly, the accused
having secured an acquittal, the presumption of his innocence B
is certainly not weakened but reinforced, reaffirmed and
strengthened by the trial court.
11. Though the above principles are well established, a
different note was struck in several decisions by vari"us High C
Courts and even by this Court. It is, therefore, appropriate if we
consider some of the leading decisions on the point.
12. The first important decision was rendered by the
Judicial Committee of the Privy Council in Sheo Swarup v.
R. Emperor (1934) 61 IA 398). In Sheo Swarup the accused D
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 hearing of appeal before the High Court, it was contended E
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 perversity or incompetence on his part. The High Court, F
however, declined to accept the said view. It held that no
condition was imposed on the High Court in such appeal. It
accordingly reviewed all the evidence in the case and having
formed an opinion of its weight and reliability different from that
of the trial Judge, recorded an order of conviction. A petition G
was presented to His Majesty in Council for leave to appeal
on the ground that conflicting views had been expressed by the
High Courts in different parts of India upon the question whether
in an appeal from an order of acquittal, an appellate court had
the power to interfere with the findings of fact recorded by the H
158 SUPREME COURT REPORTS [2009] 8 S.C.R.
A trial Judge. Their Lordships thought it fit to clarify the legal
position and accordingly 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 Section 417 of the Code (old Code) observed that
B there was no 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
c several authorities were cited revealing different views by the
High Courts dealing with an appeal from an order of acquittal,
the Committee did not think it proper to discuss all the cases.
13. Lord Russel summed up the legal position thus:
D "There is, in their opinion, no foundation for the view,
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
cases in which the lower court has 'obstinately blundered',
E or has 'through incompetence, stupidity or perversity'
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 miscarriage of justice, or has been tricked by the
F defence so as to produce a similar result."
14. 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
G the order of acquittal was founded, and to reach the
conclusion that upon that evidence the order of acquittal
should be reversed. No limitation should be placed upon
that power, unless it be found expressly stated in the
Code."
H
i
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 159
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
15. The Committee, however, cautioned appellate courts A
and stated: (IA p.404)
"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 B
consideration to such matters as (1) the views of the trial
Judge as to the credibility of the witnesses; (2) the
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 C
appellate court in disturbing a finding of fact arrived at by
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 D
administration of justice."
(emphasis supplied)
16. In Nur Mohd. v. Emperor (AIR 1945 PC 151), the
Committee reiterated the above view in Sheo Swarup (Supra) E
and held that in an appeal against acquittal, the High Court has
full powers to review and to reverse acquittal.
17. So far as this Court is concerned, probably the first
decision on the point was Prandas v. State (AIR 1954 SC 36) F
(though the case was decided on 14-3-1950, it was reported
only in 1954). In that case, the accused was acquitted by the
trial court. The Provincial Government preferred an appeal
which was allowed and the accused was convicted for offences
punishable under Sections 302 and 323 IPC. The High Court, G
for convicting the accused, placed reliance on certain
eyewitnesses.
18. Upholding the decision of the High Court and following
the proposition of law in Sheo Swarup (supra), a six-Judge
H
160 SUPREME COURT REPORTS (2009] 8 S.C.R.
A 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
417, Criminal Procedure Code, to reverse a judgment of
B 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)
c
19. In Surajpa/ 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
0
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 substantial and
compelling reasons.
E
20. 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
F contended by him that there 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
examined. It was also commented that the High Court
G committed an 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
H his lips sealed".
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 161
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
21. Upholding the contention, this Court said: A
"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
court's decision can be reversed not on the ground that B
the accused had failed to explain the circumstances
appearing against him but only for very substantial and
compelling reasons."
(emphasis supplied)
c
22. In Atley v. State of UP. (AIR 1955 SC 807) this Court
said:
"In our opinion, it is not correct to say that unless the
appellate court in an appeal under Section 417, Criminal D
· 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 acquittal to E
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 F
of observing the demeanour of witnesses 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 G
" an order of acquittal as in the case of an appeal against
an order of conviction, subject to the riders that the
presumption 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
H
162 SUPREME COURT REPORTS (2009] 8 S.C.R.
A to the opinion of the trial court which recorded the order
of acquittal.
If the appellate court reviews the evidence, keeping those
principles in mind, and comes to a contrary conclusion, the
judgment cannot be said to have been vitiated."
B
(emphasis supplied)
23. In Aher Raja Khima v. State of Saurashtra (1955) 2
SCR 1285) the accused was prosecuted under Sections 302
c 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
that it is not enough for the High Court to take a different view
D of the evidence; there must also be substantial and compelling •
reasons for holding that the trial court was wrong."
(emphasis supplied)
24. In Sanwat Singh v. State of Rajasthan (1961) 3 SCR
E 120, a three- Judge Bench considered almost all leading
decisions on the point and observed that there was no difficulty
in applying the principles laid down by the Privy Council and
accepted by the Supreme Court. The Court, however, noted that ...
appellate courts found considerable difficulty in understanding
F 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 were intended to convey the idea that an appellate
G court not only shall bear in mind the principles laid down
by the Privy Council but also must give its clear reasons
for coming to the conclusion that the order of acquittal was
wrong."
H
" PERLA SOMASEKHARA REDDYv. STATE OF A.P. REP. 163
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
·- A
The Court concluded as follows:
j.
'' "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 Sheo 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,
(i) 'substantial and compelling reasons', (ii) 'good and
sufficiently cogent reasons', and (iii) 'strong reasons' are
not intended to curtail the undoubted power of an appellate
c
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
by the court below in support of its order of acquittal in its D
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."
25. Again, in M. G. Agarwal v. 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,
F
however, 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 G
reversed only for very substantial and compelling reasons':
vide Surajpal Singh v. State (1952 SCR 193). Similarly
in Ajmer Singh v. State of Punjab (1953 SCR 418), it was
observed that the interference of the High Court in an
H
164 SUPREME COURT REPORTS [2009) 8 S.C.R.
.,
A appeal against the order of acquittal would be justified only
if there are 'very substantial and compelling reasons to do
~
so'. In some 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
B appieciating the effect of these observations, it must be
remembered that these observations were not intended to
lay down a rigid or 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
c intended to introduce an additional condition in clause (a)
of Section 423(1) of the Code. All that the said
observations are 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
D
innocence in favour of the accused 'is not certainly
weakened by the fact that he has been acquitted at his
trial'. The ref ore, the test suggested by the expression
. 'substantial and compelling reasons' should not be
construed as a formula which has to be rigidly applied in
E every case. That is the effect of the recent decisions of this
Court, for instance, in Sanwat Singh v. State of Rajasthan
and Harbans Singh v. State of Punjab (1962 Supp 1 SCR
I._
104) and so, it is not necessary that before reversing a
judgment of acquittal, the High Court must necessarily
F characterise the findings recorded therein as perverse."
(emphasis supplied)
26. Yet in another leading decision in Shivaji Sahabrao
Bobade v. State of Maharashtra (1973 (2) SCC 793) this Court
G
held that in India, there is no jurisdictional limitation on the
powers of appellate court. "In law there are no fetters on the
plenary 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 ~aterial de novo,
H
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 165
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
informed, however, by the weighty thought that the rebuttable A
innocence attributed to the accused having been converted into
an acquittal the homage our jurisprudence owes to individual
liberty constrains the higher court not to upset the holding
without very convincing reasons and comprehensive
consideration." B
27. Putting emphasis on balance between importance of
individual liberty and evil of acquitting guilty persons, this Court
observed as follows:
"6. Even at this stage we may remind ourselves of a C
necessary social perspective in criminal cases which
suffers from insufficient forensic appreciation. The dangers
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 D
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 accountability. The cherished principles or golden
thread of proof beyond reasonable doubt which runs thro' E
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 men may go but one innocent martyr shall not suffer
is a false dilemma. Only reasonable doubts belong to the F
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 learned
author (Glanville Williams in Proof of Guilt) has saliently
observed, goes much beyond the simple fact that just one G
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 demand for
harsher legal presumptions against indicted 'persons' and
more severe punishment of those who are found guilty. H
166 SUPREME COURT REPORTS (2009] 8 S.C.R.
..
A 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
to say, with Viscount Simon, that 'a miscarriage of justice
may arise from the acquittal of the guilty no less than from
8 tha conviction of the innocent.. .. ' In short, our jurisprudential
enthusiasm for presumed innocence must be moderated
by the pragmatic need to make criminal justice potent and
realistic. A balance has to be struck between chasing
chance possibilities as good enough to set the delinquent
c free and chopping the logic of preponderant probability to
punish marginal innocents."
(emphasis supplied)
28. In K. Gopa/ Reddy v. State of A.P (1979) 1 SCC 355,
D 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
E
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
F sufficiently cogent 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
G Council in Sheo Swarup v. R. Emperor and reaffirmed
those principles. 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 ,,'
H mentioned by the Privy Council in Sheo Swarup case.
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 167
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
Occasionally phrases like 'manifestly illegal', 'grossly A
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 the appellate court to interfere with an
order of acquittal than to curtail the power of the appellate B
court to review the entire evidence and to come to its own
conclusion. In some cases (Ramaphupala Reddy v. State
of A.P., (AIR 1971 SC 460) Bhim Singh Rup Singh v.
State of Maharashtra (AIR 1974 SC 286), it has been said
that to the principles laid down in Sanwat Singh case may c
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
of the trial court'. This, of course, is not a riew principle. It
stems out of the fundamental principle of our criminal
D
' 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
doubt. But, fanciful and remote possibilities must be left
E
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
preponderance of probability is all one way, a bare
possibility of another view will not entitle the accused to F
claim the benefit 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 which an
accused person may claim, must be reasonable."
G
'1 (emphasis supplied)
29. In Ramesh Babula/ Doshi v. State of Gujarat (1996)
9 SCC 225, this Court said:
"While sitting in judgment over an acquittal the appellate H
168 SUPREME COURT REPORTS [2009) 8 S.C.R.
A 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
appellate! court answers the above question in the negative
the order of acquittal is not to be disturbed. Conversely, if
B 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."
30. In Allarakha K. Mansuri v. State of Gujarat (2002) 3
C 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
may arise from the acquittal of guilty is no less than from
D 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 acquittal appeal for
the purposes of ascertaining as to whether the accused
E 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 made a basis to urge that the
F High Court under all circumstances should not disturb such
a finding."
31. In Bhagwan Singh v. State of M.P. {2002) 4 SCC 85,
the trial court acquitted the accused but the High Court
convicted them. Negativing the contention of the appellants that
G 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
H counsel for the appellants that under Section 378 of the
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 169
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
Code of Criminal Procedure the High Court could not A
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
an appeal against an order of acquittal is that the Court B
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
accused is reinforced. The golden thread which runs c
thrc 1 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 to
the accused should be adopted. Such is not a jurisdiction D
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 E
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".
F
32. In Hary·ana Thirupala v. Public Prosecutor, High Court
of A.P. (2002) 6 sec 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 G
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 H
170 SUPREME COURT REPORTS [2009] 8 S.C.R.
A 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
8 examine and discuss the reasons given by the trial court
to acquit the accused and then to dispel those reasons. If
the High Court fails to make such an exercise the judgment
will suffer from serious infirmity."
In Ramanand Yadav v. Prabhu Nath Jha (2003) 12
c SCC33.
606, this Court observed:
"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
D because the presumption of innocence of the accused is
further strengthened by acquittal. The golden thread which
runs through the web of administration of justice in criminal
cases is that if two views are possible on the evidence
adduced in the case, one pointing to the guilt of the
E accused and the other to his innocence, the view which is
favourable to the accused should be adopted. The
paramount consideration of the court is to ensure that
miscarriage of justice is prevented. A miscarriage of
justice wl1ich may arise from acquittal of the guilty is no less
F than from the conviction of an innocent. In a case where
admissible evidence is ignored, a duty is cast upon the
appellate court to reappreciate the evidence in a case
where the accused has been acquitted, for the purpose of
ascertaining as to whether any of the accused committed
any offence or not".
G
34. Again in Kaf/u v. State of M.P. (2006) 10 SCC 313,
this Court stated:
"8. While deciding an appeal against acquittal, the power
H of the appellate court is no less than the power exercised
PERLA SOMASEKHARA REDDY v. STATE OF A.P. REP. 171
BY PUBLIC PROSECUTOR [DR. ARIJIT PASAYAT, J.]
.. while hearing appeals against conviction. In both types of A
appeals, the power exists to review the entire evidence.
However, one significant difference is that an order of
acquittal will not be interfered with, by an appellate court,
where the judgment of the trial court is based on evidence
and the view taken is reasonable and plausible. It will not B
. reverse the decision of the trial court merely because 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. Further if it decides to interfere, c
-<
it should assign reasons for differing with the decision of
the trial court."
(emphasis supplied)
35. From the above decisions, in Chandrappa and Ors. D
v. State of Kamataka (2007 (4) SCC 415), the following general
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 which the
E
.. order of acquittal is founded .
... (2) The Code of Crimina.1 Procedure, 1973 puts no
limitation, restriction or condition on exercise of such
power and an appellate court on the evidence before it F
may reach its own conclusion, both on questions of fact
and of law.
(3) Various expressions, such as, "substantial and
compelling reasons", "good and sufficient grounds", "very G
~ strong circumstances", "distorted conclusions", "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
H
172 SUPREME COURT REPORTS [2009] 8 S.C.R.
A court to interfere with acquittal than to curtail the power of
the court to review 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
B
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,
c the presumption of his innocence is further reinforced,
reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis
. of the evidence on record, the appellate court should not
D disturb the finding of acquittal recorded by the trial court.
36. 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
E this standard is a higher standard, there is, however, no
absolute standard. What degree of probability amounts to --..
-
"proof' is an exercise 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
F 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 when they tend to occur together, and the
G evidence of such events may also be said to be
dependent. In a criminal case, different pieces of evidence
directed to establishing that the defendant did the
prohibited act with the specified state of min.d are generally
dependent. A junior may feel doubt whether to credit an
H alleged confession, and doubt whether to infer guilt from
PERLA SOMASEKHARA REDDY v. STATE OF AP. REP. 173
'
' BY PUBLIC PROSECUTOR [DR. ARJJIT PASAYAT, J.]
the fact that the defendant fled from justice. But since it is A
generally guilty rather than innocent people who make
confessions, and guilty rather than innocent people who run
away, the two doubts are not to be multiplied together. The
one piece of evidence may confirm the other."
B
37. Doubts would be called reasonable if they are free 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 actual and
substantial doubts as to the guilt of the accused persons arising
from the evidence, or from the lack of it, as opposed to mere
c
vague apprehensions. A reasonable doubt is not an imaginary,
a
trivial or a merely possible doubt, but fair doubt based upon
reason and common sense. It must grow out of the evidence
in the case.
D
38. The concepts of probability, and the degrees of it,
cannot obviously be expressed in terms of units to be
mathematically enumerated as to how many of such un_its
constitute proof beyond reasonable doubt. There is an
unmistakable subjective element in the evaluation of the E
degrees of probability and the quantum of proof. Forensic
probability must, in the last analysis, rest on a robust common
sense and, ultimately, on the trained intuitions of the Judge.
4
While the protection given by the criminal process to the
accused persons is not to be eroded, at the same time, F
uninformed legitimization of trivialities would make a mockery
of administration of criminal justice. This position was
illuminatingly stated by Venkatachaliah, J. (as His Lordship then
was) in State of UP. v. Krishna Gopal (1988 (4) SCC 302).
G
.. 39. The above position was highlighted in Krishnan and
Anr. v. State represented by Inspector of Police (2003 (7) SCC
56).
.. 40. It is to be noted that in the instant case the incident
took place in front of MOO office at Vemula around 1.40 p.m. H
174 SUPREME COURT REPORTS [2009) 8 S.C.R.
A The finding of the trial Court is to the effect that murder of
deceased took place at 1.40 p.m. at Vemula and the same fact
is not disputed by the accused persons. Between 2.40 and
2.45 p.m. th(:l deceased and the injured were taken to the
Government Hospital at Pullvendula by PW-9 which is also 12
B KM from the place of occurrence. The m~dical intimation is
Ext.P-25 which was sent to the Station lncharge at 2.45 p.m.
PW-1 the de facto complainant was examined by PW-22 at
around 3.30 p.m. The Station lncharge Pullivendula received
information around that time. At 4.00 p.m. the statement of the
c de facto complainant (PW-1) was recorded by the Head
Constable in the presence of PW-22. The statement of PW-1
alongwith Ext.P-25 was sent to Vemula Police Station on the
point of jurisdiction and the same was registered as a Crime
No.22of1998 at Vemula P.S. by PW-21. The inquest was held
at around 9 to 12 p.m. and copy of FIR was received by the
0
Elaqa Magistrate. It is to be noted that since the Magistrate at
Pulivendula was on leave and Magistrate at another place was
not the incharge, it was sent to another Court which is at a
distance of 60 K.M. as is evident from the evidence of PW-21.
Therefore, there is no delay in sending the FIR to the
E Magistrate. The allegation that the FIR was ante timed is without·
any foundation.
41. The impugned judgment cannot be said to be suffering ...
from infirmity to warrant interference. The appeal fails and is
F dismissed.
G.N. Appeal dismissed.
..
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