Appellate court`s interference with the order of Acquittal

It is a settled legal proposition that in exceptional cases where there are compelling circumstances, and the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) under appeal is found to be perverse i.e. the conclusions of the courts below are contrary to the evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 on record or its entire approach in dealing with the evidence is patently illegal, leading to miscarriage of justice or its judgment is unreasonable based on erroneous law and facts on the record of the case, the appellate court should interfere with the order of Acquittal. While doing so, the appellate court should bear in mind the presumptionPresumption An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. of innocence of the accused and further that the Acquittal by the courts below bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference.

(See: Babu v. State of Kerala (2010) 9 SCC 189; Dr. Sunil Kumar Sambhudayal Gupta and Ors. v. State of Maharashtra, (2010) 13 SCC 657; Brahm Swaroop and Anr. v. State of U.P., AIR 2011 SC 280; S. Ganesan v. Rama Raghuraman and Ors., (2011) 2 SCC 83; V.S. Achuthanandan v. R. Balakrishna Pillai and Ors., (2011) 3 SCC 317; State of M.P. v. Ramesh and Anr., (2011) 4 SCC 786; Abrar v. State of U.P., (2011) 2 SCC 750; and Rukia Begum and Ors. v. State of Karnataka, (2011) 4 SCC 779)