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Tuesday, June 4

In exceptional cases the appellate court can interfere with the order of acquittal

Bhadragiri Venkata Ravi vs.Public Prosecutor High Court of A.P., Hyderabad, Criminal Appeal No. 248 of 2007, Decided on May 29, 2013


The Hon’ble Supreme Court held:

This court has time and again laid down parameters for interference by a superior court against the order of acquittal. In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial Court’s acquittal bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference”. [Para 18]

On the fact of the case the court held:
The High Court did not consider the matter in correct perspective nor observed the parameters laid down by this court to interfere against the order of acquittal”. [Para 19]

To see full text follow the link:

http://judis.nic.in/supremecourt/imgs1.aspx?filename=40445