Supreme Court Explains: Principles To Be Followed By Appellate Courts In Declining Appeals From Acquittal

The Supreme Court in the case Mallappa and Ors. Versus State of Karnataka observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court wherein it acquitted the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.

The bench comprising of Justice Bela M. Trivedi and Justice Satish Chandra Sharma in the case observed and has noted that if the view taken by the trial court leads to the acquittal of the accused, then it would be impermissible for the Appellate Court or High Court to reverse the findings of the trial court by re-appreciating the selective evidence to convict the accused.

The court in the case stated that the appreciation of evidence leads to two possible views, then the view proving the innocence of the accused shall be taken into account and not the view which proves the guilt of the accused.