Incase Reversal Of Acquittal Is Sought, Prosecution Is Required To Annul & Discharge Fortified Presumption Of Innocence- SC Reiterates

The Supreme Court in a murder case has observed that in case the reversal of acquittal is sought, the Prosecution is required to discharge a more onerous responsibility to annul and reverse the fortified presumption of innocence. 

The Bench of Justice Krishna Murari and Justice BV Nagarathna while holding so, observed -

"In cases where a reversal of acquittal is sought, the courts must keep in mind that the presumption of innocence in favour of the accused, on grounds of it surviving the rigours of a full trial, is strengthened and stands fortified. The prosecution then, while still working under the same burden of proof, is required to discharge a more onerous responsibility to annul and reverse the fortified presumption of innocence. This fortification of the presumption of innocence has been held in a catena of judgments by this court."

The Court upheld the acquittal of the persons who were alleged to have attacked and killed a man on the ground that the additional layer of protection is granted to an accused if he already enjoys an acquittal. The Court was dealing with an appeal preferred against the judgment passed by the Punjab and Haryana High Court wherein the respondents were acquitted of the charges framed against them.

The Bench also held, “… an additional layer of protection is granted to an accused in cases where the accused already enjoys an acquittal. In the present case, we are in agreement with the decision of the High Court. From a perusal of the judgment of the Trial Court, it can be seen that no perversity has been committed by the Trial Court while reaching its conclusion. All the evidence on record has been carefully perused and a detailed analysis has been carried out to come to the conclusion.”

The Bench refused to interfere with the decision of the High Court and the Trial Court.

Advocate Shikhil Shiv Suri represented the appellant while Advocate Monika Gusain represented the respondents.

In this case, the respondents in furtherance of their common intention attacked the deceased who was taken to a hospital where he died the next day. An FIR was lodged against them under Sections 148, 149, 323, 324, 307, 302, and 506 of the IPC.

The Trial Judge found the case of the prosecution to be doubtful which ultimately resulted in the acquittal of all the respondents. Thereafter, the High Court also dismissed the appeal filed by the appellant on the ground that the judgment of acquittal passed by the Trial Court was based on proper appreciation of evidence and facts.

The Supreme Court after hearing the contentions of both parties noted, “In cases where a reversal of acquittal is sought, the courts must keep in mind that the presumption of innocence in favour of the accused, on grounds of it surviving the rigours of a full trial, is strengthened and stands fortified. The prosecution then, while still working under the same burden of proof, is required to discharge a more onerous responsibility to annul and reverse the fortified presumption of innocence.”

The Court further observed that such a fortification of the presumption of innocence has been held in a catena of judgments by the Apex Court.

Accordingly, the Court dismissed the appeal and upheld the acquittal of the accused persons.

Cause Title- Roopwanti v. State of Haryana and Ors.

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