In an appeal against reversal of an acquittal, can a High Court interfere unless the trial court's view was one no reasonable court could have taken on the material before it?
Coram: Augustine George Masih; Sanjay Karol
No. The appellate court must bear in mind the double presumption of innocence in favour of the accused, and may interfere only where the trial court's view was not merely different from its own but was one no reasonable court could have taken on the material before it. That threshold was not met here: the High Court's finding of guilt rested principally on the uncorroborated statement of the child witness, and the trial court's rejection of that testimony was duly supported by material.
Indian Penal Code, 1860 — ss.302, 201 — Code of Criminal Procedure, 1973 — s.313 — Appeal against acquittal — Double presumption of innocence — Circumstantial evidence — Child witness testimony — Criminal Procedure — Appeal against acquittal — Standard of interference — Held: In an appeal against reversal of an acquittal, the High Court must bear in mind the double presumption of innocence. It may interfere where the trial court's view was one no reasonable court could have taken on the material before it. (¶22) Evidence — Child witness testimony — Corroboration as rule of prudence — Held further: There is no inflexible rule requiring a child witness's testimony to be corroborated before conviction; such corroboration is merely a rule of prudence. Given the serious doubts as to tutoring here, the trial court's insistence on corroboration was not unreasonable. (¶24, 25) Indian Penal Code, 1860 — Circumstantial evidence — Chain of circumstances — Held further: Circumstantial evidence must form a complete chain excluding every hypothesis other than the accused's guilt; mere suspicion, however grave, cannot substitute for proof. Absent cogent evidence of guilt beyond reasonable doubt, the conviction cannot be sustained; appeal allowed, appellant acquitted. (¶27, 38)
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