Substantial and compelling reasons must exist to set aside acquittal of accused: SC

New Delhi, Dec 16 (PTI) Observing that reversal of acquittal should not be a matter of course, the Supreme Court on Tuesday said there must be "substantial and compelling reasons" to set aside the release of an accused.

A bench of Justices K Vinod Chandran and NV Anjaria made the observation while upholding an order of Allahabad High Court which set aside conviction of three accused in a murder case.

"It is a well-settled principle enunciated by series of judgments of this Court that there must exist substantial and compelling reasons to upset the acquittal. Once the court acquits the accused, the presumption of innocence is reinforced. Thereafter, the interference by the appellate court would be minimal and has to be guided by strong and cogent reasons.

"Reversal of acquittal should not be a matter of course just because the other view is considered to be possible by the appellate court. Even when the appellate court re-appreciates the evidence while dealing with the judgment and order of acquittal, the innocence attributed to the accused acquitted from the charges of offences would be a weighty rebuttable factor," the bench said.

The top court said the guilt of the accused and the commission of the offence by the accused have to be established beyond reasonable doubt.

Referring to the case, the apex court said the high court has recorded acquittal of the accused reversing the decision of the trial court by appreciating the relevant aspects emerging from the evidence and thereby arriving at a plausible conclusion. PTI PKS PKS KVK KVK