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An Adverse Order Against Judgment Of Acquittal Should Have A Tenable Justification : SC

The Hon'ble Supreme Court has given a remarkable decision in an appeal against an adverse order of the High Court. The facts of the case were: The wife had died due to poisoning and the husband and his family members booked under S.498A and 306 IPC. With due considerations, the Sessions Judge acquitted all of them on ground that the allegations of the victim’s family are vague and general and also, no material evidence has been brought that favour occurrence of the alleged offence.

Later the High Court on appeal against acquittal, overturned the acquittal of the husband. Aggrieved by the adverse order, the appellant-husband reached the Supreme Court.

The Hon’ble SC held that the High Court has erred in overturning the decision of the acquittal. While considering an appeal against acquittal, the principles laid down in Sheo Swarup and Ors v. The King Emperor, AIR 1934 PC 227(2), which were approved by this Court in Bhubneshwar Mandal & Ors. V. The State of Bihar (CRL A No. 257 of 1969 decided on 06.12.1972) and again reiterated in State of Uttar Pradesh v. Samman Dass (1972 INSC 11), shall be given proper consideration. The para (3) of the Bhubneshwar Mandal (supra) as under:

“3. It appears to us that the learned Judges of the High Court have ignored very important points in the evidence in the case and allowed the appeal against acquittal and convicted the present appellants. It is not necessary to set out at great length the various decisions regarding the powers of the High Court in an appeal against acquittal. The classic statement is found in the decision of the Privy Council in Sheo Swarup v. King Emperor to the following effect:

 Sections 417, 418 and 423 of the CrPC, 1898 (Section 419, 420 and 427 of BNSS, 2023) give to the High Court full power to review at large the evidence upon which the order of acquittal was founded, and to reach the conclusion that upon that evidence the order of acquittal should be reversed. No limitation should be placed upon that power, unless it be found expressly stated in the Code. But in exercising the power conferred by the Code and before reaching its conclusions upon fact, 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.”

The court also said that mere harassment by itself could not be treated to be cruelty. In our view, the High Court was in error in reversing the acquittal of the appellant without coming to a finding that the view taken by the Sessions Court in favour of the appellant was either perverse or was impossible in view of the evidence on record.

It is likely that there may have been some disputes or discord in the matrimonial life of the appellant and the victim. That, however, would not be sufficient in itself to attract the provisions of Section 306 read with Section 107 of the Penal Code. In fact, there is no evidence, whatsoever, to indicate any act of abetment by the appellant. Hence, The SC set aside the decision of the High Court and maintained the order of acquittal of the appellant.

Legal Citation: Sanjay Kumar v. State of Himachal Pradesh (2026 INSC 948)

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Location: New Delhi, Delhi, India

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