Achhar Singh vs. State of Himachal Pradesh (2021 SCC OnLine SC 368) - Synopsis
Deyasini Das 26 Jul 2021

The Hon’ble court once after hearing the contentions inferred that the issue was whether the High Court had the power to interfere in the acquittal of trial court under Section 378 CrPc. The court held that, while it is a rule that when two perspectives are conceivable, the High Court should not to meddle with the trial court’s judgment. Although, this principle is not applicable for Section 378 CrPc. The Supreme Court in accordance with the earlier passed judgement of Gangadhar Behra vs. State of Orissa (2002 8 SCC 381) and Hari Chand Vs. State of Delhi (1996 9 SCC 112) observed that in some cases, if majority evidence is deficient and  the remanent evidence affirms the accused to be guilty then it is sufficient. Thereafter, the bench highlighted that any homicidal death cannot be left to “judicium dei” i.e., hands of god. Apex Court, on the basis of the order given in Basalingappa vs. Mudibasappa held that, “an order which is contrary to evidence is perverse.” Thus, the High Court’s intervention was done correctly. Supreme Court while dismissing the appeal convicted the accused Achhar Singh under Section 452, 326, and 323 IPC. 

 

 

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