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Supreme Court of India· 03 September 2026

Must a High Court reversing an acquittal record that the trial court's view was perverse or impossible?

SANJAY KUMAR v. STATE OF HIMACHAL PRADESH
2026 INSC 948 · CRIMINAL APPEAL NO.1108 OF 2016
Coram: Justice Ujjal Bhuyan · Justice Atul S. Chandurkar
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Answer

Yes. The reversing court must find that the trial court's view was either perverse or impossible on the evidence, giving due weight to the presumption of innocence and to the trial judge's view of the credibility of the witnesses.

Headnote

Indian Penal Code, 1860 — s.306 — s.107 — s.498-A — Appellate review of acquittal — Abetment of suicide — Criminal appeal — Appellate review of acquittal — Perverse or impossible finding required — Held: A High Court reversing an acquittal must find that the Sessions Court's view was perverse or impossible on the evidence. It must give due weight to the presumption of innocence and to the trial judge's view of the credibility of the witnesses. (¶7, 13) Indian Penal Code, 1860 — s.306 — s.107 — Abetment of suicide — Marital discord insufficient — Held further: Section 306 read with Section 107 requires proof of intention to instigate, aid or abet the suicide; mere disputes or discord in matrimonial life do not attract these provisions. Appeal allowed; the impugned judgment is set aside and the appellant is acquitted. (¶14, 15, 17)

Headnote

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In the Court's own words
Paragraph 7We have heard the learned counsel for the parties at length and we have perused the evidence brought on record by the prosecution. We have thereafter given thoughtful consideration to the entire matter. In our view, the High Court was in error in reversing the acquittal of the appellant without coming to a finding that the view taken by the Sessions Court in favour of the appellant was either perverse or was impossible in view of the evidence on record.
Paragraph 13At this stage, it would be necessary to bear in mind the legal principles to be applied when an appellate Court is confronted with a judgment of acquittal by the trial Court. The Privy Council in Sheo Swarup and others and The King-Emperor[^13], highlighted the material factors to be borne in mind by an appellate Court while considering an appeal against acquittal. This Court in Bhubneshwar Mandal and others Vs. The State of Bihar[^14] while approving the aforesaid decision, held in paragraph 3 as under:
Acts & Sections
Section 498-A of the Indian Penal Code, 1860Section 306 of the Indian Penal Code, 1860Section 107 of the Indian Penal Code, 1860

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Also decided in this judgment
Does discord in matrimonial life alone amount to abetment of suicide under Section 306 of the Indian Penal Code, 1860?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections