Published on: 8 August 2023 at 14:09 IST
Court: Privy Council
Citation: Sheo Swarup V. King Emperor (1934)
Honourable Privy Council has explained the ambit and scope of the powers of the appellate court in dealing with an appeal against acquittal from criminal case. It is held that findings of the trial court must be based on the fundamental principles of the criminal jurisprudence. Presumption of innocence in favour of the accused is reinforced and strengthened by the acquittal of the trial court.
The appellate court undoubtedly has wide powers of reappreciating and re-evaluating the entire evidence but it would be justified in interfering with the judgment of acquittal only when the judgment of the trial court is palpably wrong, totally ill-founded or wholly misconceived, based on erroneous analysis of evidence and non-existent material, demonstrably unsustainable or perverse.
“the High Court should and will always give proper weight and consideration to such matters as (1) the views of the trial Judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; and (4) the slowness of an appellate court in disturbing a finding of fact arrived at by a Judge who had the advantage of seeing the witnesses.”
Drafted By Abhijit Mishra