“Appellate Court cannot overturn the order of acquittal only on the ground that another view is possible”: Supreme Court
Case title: Bhupatbhai Bachubhai Chavda & Anr. v. State of Gujarat
Case no.: Criminal Appeal no. 334 of 2019
Dated on: 10th April 2024
Quorum: Justice Abhay S. Oka and Justice Ujjal Bhuyan
FACTS OF THE CASE
The case revolves around an incident that occurred on September 17, 1996, where the appellants, a father and son, were accused of assaulting Punjabhai (the deceased) with pipes and sticks, resulting in his death. Initially, the Sessions Court acquitted the appellants, but the State of Gujarat appealed against the acquittal, leading to the High Court converting the acquittal into a conviction. Subsequently, the case reached the Supreme Court.
CONTENTIONS OF THE APPELLANT
The learned senior counsel appearing for the appellants pointed out that the High Court, while overturning the order of acquittal, had relied upon the police statement of PW-4 and had erroneously put the burden on the appellants to adduce evidence to show their innocence. He submitted that the entire approach of the High Court while dealing with an appeal against acquittal, is completely erroneous. He submitted that there is no finding recorded by the High Court that the only possible view which could be taken based on the evidence was that the guilt of the appellants had been proved. The learned senior counsel submitted that the High Court had erred in overturning the order of acquittal.
CONTENTIONS OF THE RESPONDENTS
The learned counsel appearing for the State vehemently submitted that in an appeal against acquittal, the High Court was duty-bound to reappreciate the evidence, and after finding that evidence of PW-4, an eyewitness, completely inspires confidence, the High Court rightly interfered with the order of acquittal.
LEGAL PROVISIONS
Section 302 of the Indian Penal Code (IPC) : Whoever commits murder shall be punished with death or [imprisonment for life], and shall also be liable to fine.
Section 34 of the Indian Penal Code (IPC) : Acts done by several persons in furtherance of common intention – When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
ISSUE –
- Validity of High Court’s Intervention: Whether the High Court’s interference with the acquittal was justified and in accordance with legal principles.
- Reliability of Witness Testimonies: Assessment of the credibility of key witnesses, particularly PW-4, in light of inconsistencies and discrepancies in their statements.
COURT’S ANALYSIS AND JUDGEMENT
The apex court emphasized the cardinal principle that while reviewing an acquittal, the Appellate Court must ascertain if the trial court’s verdict was plausible based on evidence. It criticized the High Court for not addressing this pivotal question and cautioned against overturning acquittals merely on the basis of alternative interpretations. The court chastised the High Court’s misapplication of burden of proof, reiterating that unless statutorily mandated, the onus remains on the prosecution.
After meticulously dissecting the testimonies, the Supreme Court concurred with the Trial Court’s scepticism towards the eyewitness account, citing inconsistencies and vested interests. It rebuked the High Court’s failure to appreciate these nuances and reinstated the acquittal, affirming the presumption of innocence. Consequently, the appellants were acquitted, and the Trial Court’s verdict reinstated.
The Bhupatbhai Bachubhai Chavda case stands as a testament to the judiciary’s commitment to rigorous scrutiny and adherence to legal principles, especially in appeals against acquittals. It underscores the importance of evidence appreciation and the presumption of innocence, serving as a beacon in navigating the labyrinth of criminal litigation.
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Judgement Reviewed by – Chiraag K A
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