The Hon’ble Supreme Court recently in Mallappa v. State of Karnataka, (2024) 3 SCC 544, has laid down the guiding principles for the appellate court while deciding an appeal against acquittal. It was held that:
a. The appreciation of evidence must be comprehensive, covering all the oral and documentary evidence.
b. Selective or partial appreciation of evidence may result in a miscarriage of justice and is itself a ground for challenge.
c. If two views are possible after the appreciation of evidence, the view favoring the accused must ordinarily be followed.
d. If the Trial Court’s view is legally plausible, the mere possibility of an alternate conclusion does not justify the reversal of acquittal.
e. If the appellate court seeks to reverse an acquittal, it must specifically address and refute each reason given by the Trial Court.
f. A reversal of acquittal requires the appellate court to demonstrate illegality, perversity or a substantial error of law or fact in the Trial Court’s decision.