New Delhi: There is no embargo on an appellate court reviewing evidence, on which acquittal is based, and reversing the order, the Supreme Court has held.

A Bench consisting of Justices Arijit Pasayat and D.K. Jain said: "Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by the acquittal. The paramount consideration of the court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent."

It said, "In a case where admissible evidence is ignored, a duty is cast upon the appellate court to re-appreciate the evidence where the accused has been acquitted, for ascertaining whether any of the accused really committed any offence or not. The principle to be followed by the court considering the appeal against the judgment of acquittal is to interfere only when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly unreasonable, and relevant and convincing material has been unjustifiably eliminated in the process, it is a compelling reason for interference."

In the instant case, the trial court convicted and sentenced Surender and three others to life imprisonment for causing the death of Purshotam in an attempt to rob him on a moving train between Dehkora and Sampla in Haryana on February 1, 1994. On appeal, the Punjab and Haryana High Court acquitted them.

Unsustainable order

Allowing an appeal by Haryana against this judgment, the Bench said, the High Court did not indicate why it discarded the State's plea that the accused, having refused to participate in an identification parade, could not make a grievance about identification in court.

The judgment "is clearly unsustainable and is set aside.''

The accused shall forthwith surrender to custody to serve the remainder of the sentence."

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