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Supreme Court of India· 20 August 2026

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?

RAVI KUMAR SINGH MALHOTRA v. THE STATE OF MADHYA PRADESH
2026 INSC 899 · CRIMINAL APPEAL NO. 937 OF 2014
Coram: Augustine George Masih; Sanjay Karol
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Answer

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.

Headnote

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)

In the Court's own words
Paragraph 22At the very outset, it must be noted that this being an appeal against an order reversing an acquittal, the High Court, as per settled law, was bound to bear in mind the double presumption of innocence operating in favour of the appellant, and could interfere only upon a finding that the view taken by the Trial Court was not merely different from its own but was one no reasonable court could have taken on the material before it. This principle is well settled and expounded in Chandrappa v State of Karnataka[^1]. The relevant paragraph is produced hereinbelow.
Paragraph 23In our considered opinion, this threshold has not been met in the present case. The High Court’s finding of guilt principally rested on the statement of the child witness, PW-28, whom the court found to be a reliable and natural witness. The Trial Court had declined to give undue weight to this testimony for reasons that were duly supported by material.
Acts & Sections
s.302 Indian Penal Code, 1860s.201 Indian Penal Code, 1860s.313 Code of Criminal Procedure, 1973

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Also decided in this judgment
Must a child witness's testimony be corroborated before a conviction can be sustained, or is such corroboration only a rule of prudence?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections