SC cautions HCs against interference in trial courts
As the 21 high courts in the country are clogged with over four million cases, the Supreme Court has cautioned them against the practice of entertaining appeals against trial judges’ verdicts in a routine manner.
“The interference with the decision of a trial court in a routine manner, where the other view is possible should be avoided, unless there are good reasons for such interference,” a bench of Justices P. Sathasivam and B.S. Chauhan said.
“The law is that in exceptional cases where there are compelling circumstances, and the judgement under appeal is found to be perverse, the appellate court can interfere with the order of acquittal,” the bench held.
The top court reminded the high courts about the settled principle of law that once an accused was presumed innocent by the trial court it further “bolsters the presumption of his innocence.”
The apex court said the interference by the appellate court became necessary only if the trial court verdict under challenge was based on “totally erroneous” view of the law, its conclusions were contrary to the evidence on record and the entire approach in dealing with the evidence was “patently illegal” leading to grave miscarriage of justice.
“While dealing with a judgement of acquittal, the appellate court must consider the entire evidence on record, so as to arrive at a finding as to whether the views of the trial judge were perverse or otherwise unsustainable,” the top court ruled.
The ruling came in an appeal by two accused — Brahm Swaroop and Jagdish — from Uttar Pradesh in a murder case, which was the result of a gang war. They had challenged the Allahabad high court’s verdict overturning their acquittal by the trial judge.
While the SC upheld the HC verdict with regard to their “complicity” in the offence of attempt to murder and culpable homicide.
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