The Supreme Court while deciding a criminal Murder appeal held that in cases of reversal of acquittal, where two views are possible, the view which favors the accused has to be adopted in the light of the law laid down by the Supreme Court in the case of Allarakha K. Mansuri Vs. State of Gujarat reported in 2011(9) SCC 479.

A bench consisting of Justices Krishna Murari and BV Nagarathna said that "In cases where a reversal of acquittal is sought, the courts must keep in mind that the presumption of innocence in favour of the accused, on grounds of it surviving the rigours of a full trial, is strengthened and stands fortified. The prosecution then, while still working under the same burden of proof, is required to discharge a more onerous responsibility to annul and reverse the fortified presumption of innocence. This fortification of the presumption of innocence has been held in a catena of judgments by this court."

The reasoning afforded by the Supreme Court while acquitting the appellant relied upon the finding of the trial court which held that "none of the eyewitnesses were able to support the case of the prosecution,  Appellant, mother of the deceased gave a completely different narration of events as compared to PW1, presence of the Appellant on the spot of the crime was also not proved, as per the Forensic Science Laboratory Report, no blood was present on the weapons recovered except for traces of blood on one lathi.

The Court was hearing an appeal against the decision of the P&H High Court which had acquitted the respondents-accused under Sections 148,149, 323, 324, 307, 302 and 506 of the Indian Penal Code.

Case Details:-

Criminal Appeal No. 1904/2014

Roopwanti v. State of Haryana and Others

Appearance of the Advocates:-

For Appellant(s) 
Mr. Shikhil Suri, Adv.
 Ms. Madhu Suri, Adv.
 Ms. Jyoti Suri, Adv.
 Ms. Mahima Aggarwal, Adv.
 Ms. Komal Gupta, Adv.
 Ms. Nidhi, AOR

For Respondent(s) 
Dr. Monika Gusain, AOR
Mr. Avi Dhankar, Adv.