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Head Note

Indian Penal Code,1860  - Section 304-B

Dowry death - Death of bride within 4 years of marriage by taking poison - Evidence of intervener who had got the marriage settled - He stated that at the time of settlement of marriage and even thereafter no demand of dowry was made - Demand of dowry not proved - Trial Court rightly acquitted the accused - High Court, however, set aside the order of acquittal on the ground that something must have happened and otherwise deceased would not have committed suicide - This ground is indefensible and could not have been a reason to set judgment of acquittal.

The Code of Criminal Procedure, 1973  - Section 378

Appeal against acquittal - Principles to deal with appeal against acquittal culled out - (1) An appellate court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded. (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law. (3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal - Such phraseologist are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion. (4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused - Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law - Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.

The Indian Evidence Act, 1872  - Section 3

Standard of proof of convict a person - Held - A person has, no doubt, a profound right not to be convicted of an offence which is not established by the evidential standard of proof beyond reasonable doubt - Though this standard is a higher standard, there is, however, no absolute standard - What degree of probability amounts to "proof" is an exercise particular to each case.

Topic(s)-Dowry Death

Important Decision(s)- Appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused - Every person shall be presumed to be innocent unless he is proved guilty by a competent court of law - The accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.