01/01/2019
Appeal against acquittal
Question From: Criminal Law
The trial court has acquitted the accused on the ground of insufficient evidence. He was chargesheeted by the investigation officer. He managed to acquit because I could not attend the court on every date. The prosecution was reluctant to convict him because he is an influential person. Is there any possibility to alter the order of acquittal? Can I file any appeal against such acquittal?
Section 378 crpc (the code of criminal procedure) provides right of appeal against the order of acquittal. You can file appeal without permission of the state. However, state is responsible for the prosecution of the accused and state should decide whether appeal may be filed or not. After amendment in section 378 a victim has right to file appeal against acquittal. You can file appeal under section 378(4) of the CrPC.
In Chandrappa vs State of Karnataka AIR 2007 SC, it is held by the supreme court that the appellate court has vast power in appeal. It can reappreciate or reconsider all the evidence produced before the trial court.
You have an opportunity in the appeal to raise all the objections against the acquittal. Appellate court provides you an opportunity to produce all evidence. This is the last opportunity for you to re-make your case before the high court. You cannot raise a new fact but you should produce the evidence which was ignored by the trial court.
Appeal shall lie before the High Court if order of acquittal is passed by the court of session. In another case appeal shall lie before the court of session. The court of session has same power as exercised by the High Court.
The limitation period for the appeal against the order of acquittal will be 30 days for appeals in the Sessions Court and 60 days for those in the High Court. You should file appeal within the limitation period.
The appellate court cannot interfere in the order of trial court in there is possibility to form two opinions from the record of the case. If court is confused about the culpability of the accused, it shall not interfere in the order.
The Supreme Court said in Lula Ram vs Bhupat Singh AIR 2009 SC, that appellate court should not disturb the finding of acquittal if two reasonable conclusions are possible from the record of the case.
State of Goa vs Sanjai Thakaran AIR 2007 SC, the supreme court has decided that order of acquittal shall be altered when appellate court found that the approach of the trial court is vitiated by some manifest illegality. When trial court arrived at the conclusion would not be arrived at by any reasonable person and perverse decision is given by the trial court
