Courts should not interfere with acquittal verdicts on possibility of different view: Apex court

New Delhi: Appellate courts including high courts should not interfere with verdicts acquitting the accused in criminal cases, merely on the ground that a "different view" was possible, the Supreme Court ruled on Tuesday.

A bench of justices L Nageswara Rao and R Subhash Reddy, referring to previous apex court verdicts, held that the trial court's acquittal should not be disturbed by the appellate courts unless there existed "very substantial and compelling reasons". "Interference with an order of acquittal is not permissible on the ground that a different view is possible. If the acquittal is justified on a probable view taken by the trial court, it should not be interfered with," Justice Rao, writing the verdict for the bench, said.

The apex court's observation came in a verdict by which it set aside a Patna High Court judgement convicting accused in a murder case of 1984.

A man named Md Nadir Sah was shot dead in 1984 near Matihani at Begusarai district in Bihar and seven persons were listed in the charge sheet in the case. The trial was conducted against five persons as one accused died and another absconded.

The trial court acquitted the five accused on various grounds including the delay in lodging the FIR, untrustworthy witnesses, improbability of identification of the accused and non-examination of independent witnesses. The Patna HC reversed the trial court verdict and convicted the five accused. "The HC felt that apart from minor inconsistencies, the evidence of the eye witnesses was reliable and there was sufficient light to identify the accused. "The accused shared a common intention of killing the deceased according to the HC. ... witnesses was also held reliable by the HC," the SC judgement said.