top of page
Question Bank
Question
What is the scope and power of an appellate court when hearing an appeal against an order of acquittal under the Code of Criminal Procedure?
Solution
Under the Code of Criminal Procedure, 1973, specifically Section 378, an appellate court possesses full power to review, reappreciate, and reconsider the entire evidence upon which an order of acquittal is based. This power is plenary and unrestricted; the appellate court is entitled to reach its own independent conclusions on both questions of fact and of law. There is no statutory limitation that curtails this authority. However, this extensive power is exercised with a degree of circumspection due to the double presumption of innocence that favors the accused after an acquittal.
Question
Explain the concept of the "double presumption of innocence" in favor of an accused who has been acquitted by the trial court?
Solution
The "double presumption of innocence" is a fundamental principle in criminal jurisprudence that strengthens the position of an accused who has been acquitted. Firstly, every individual is presumed innocent until proven guilty by a competent court, as per the basic tenet of criminal law. Secondly, when a trial court records an order of acquittal, this initial presumption is reinforced, reaffirmed, and strengthened. The acquittal signifies that the prosecution failed to discharge its burden of proof beyond a reasonable doubt at the first instance, making the appellate court more hesitant to interfere lightly.
Question
Under what circumstances should an appellate court interfere with and reverse a judgment of acquittal passed by the trial court?
Solution
An appellate court should interfere with an order of acquittal only when it finds the trial court's judgment to be palpably wrong, manifestly erroneous, or demonstrably unsustainable. The appellate court must conclude that the view taken by the trial court is not a possible or plausible view based on the evidence on record. It is not sufficient for the appellate court to merely take a different view of the evidence; there must be very substantial and compelling reasons to overturn the acquittal. The appellate court has a duty to ensure that a miscarriage of justice has not occurred, which includes both the conviction of the innocent and the acquittal of the guilty.
Question
What is the significance of the "two reasonable conclusions" principle in the context of an appeal against acquittal?
Solution
The "two reasonable conclusions" principle is a crucial guideline for appellate courts. It holds that if, based on the evidence on record, two reasonable views are possible—one pointing to the guilt of the accused and the other to their innocence—the appellate court must not disturb the finding of acquittal recorded by the trial court. In such a scenario, the view that favors the accused must prevail, as the accused is entitled to the benefit of any reasonable doubt. This principle acts as a judicial restraint, preventing the appellate court from substituting its own opinion merely because another view is possible.
Question
What is the role of the "principles of natural justice" and the trial court's advantage in assessing witness credibility during an appeal against acquittal?
Solution
While exercising its appellate power, the higher court must always give due weight to the opinion of the trial court, which had the distinct advantage of observing the demeanour of the witnesses. The trial judge sees the witnesses testify, hears their evidence, and notes their mannerisms, which provides invaluable insight into their credibility. The appellate court, which only has access to the printed record, should be slow to disturb findings of fact that are influenced by this direct observation. This respect for the trial court's perspective is an integral part of the principles of natural justice and ensures a balanced and fair appellate review process.
bottom of page