Changeflow GovPing Courts & Legal State v. Kuldeep - Criminal Appeal
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State v. Kuldeep - Criminal Appeal

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Filed March 25th, 2026
Detected March 26th, 2026
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Summary

The Delhi High Court has pronounced its judgment in the criminal appeal case State vs. Kuldeep. The court reviewed a prior judgment dated July 20, 2019, which had acquitted the respondent Kuldeep of all charges. The appeal was filed by the State against this acquittal.

What changed

The Delhi High Court, through Justice Ravinder Dudeja, has issued a judgment in the criminal appeal CRL.A. 264/2021, concerning the State's challenge to the acquittal of respondent Kuldeep. The original acquittal occurred on July 20, 2019, following charges under Section 363 of the Indian Penal Code, 1860, related to a prosecutrix going missing. The State is appealing this decision.

This judgment represents the final decision on the appeal. Compliance officers should note that this is a judicial pronouncement on a criminal matter, and while it may set precedent, it does not impose new regulatory obligations on entities. The case details the procedural history and the facts leading to the original FIR and subsequent investigation, including the use of photographic uploads and mobile surveillance to trace the prosecutrix.

Source document (simplified)

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State vs Kuldeep on 25 March, 2026

Author: Navin Chawla

Bench: Navin Chawla

  •   IN THE HIGH COURT OF DELHI AT NEW DELHI
                                           Reserved on: 03rd February, 2026
                                         Pronounced on: 25th March, 2026
                +       CRL.A. 264/2021
                        STATE                                     .....Appellant
                                           Through:     Mr. Aman Usman, APP with
                                                        Mr. Manvendra Yadav, Adv.
                                                        Insp. Sandeep Kumar, SI
                                                        Dinesh Kumar, PS Nand Nagri.
                                           versus
                        KULDEEP                                     .....Respondent
                                           Through:     Mr. Saurabh Kansal, Ms.
                                                        Pallavi Sharma Kansal, Mr.
                                                        Pratham Malik, Ms. Vanshika
                                                        Kapoor, Advs. along with
                                                        accused in person.
    
                        CORAM:
                        HON'BLE MR. JUSTICE NAVIN CHAWLA
                        HON'BLE MR. JUSTICE RAVINDER DUDEJA
                                           JUDGMENT RAVINDER DUDEJA, J.
    
  1.  State takes exception to the judgment dated 20th July, 2019,
                whereby, respondent Kuldeep has been acquitted of all the charges
                levelled against him.
    
  2.  The brief facts of the case, as per charge sheet, are that on 23rd
                January, 2013, father of the prosecutrix 'P' (name withheld), came at
                Police Station Nand Nagri and lodged a complaint that his daughter
                has been lured away by some unknown person. He stated in such
                complaint that he is a driver and had gone to Gauhati with his truck
                and upon coming back, he was informed by his wife that on 10th CRL.A. 264/2021                                                 Page 1 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 January, 2013, she left for work at 11.00 am, and in the evening when
                she returned back, she found the prosecutrix missing from the house.
                His wife made efforts to search her at her relatives places but could
                not find any clue. On the basis of the aforesaid complaint, an FIR was
                registered under [Section 363](https://indiankanoon.org/doc/619940/) of the Indian Penal Code, 1860 [" [IPC](https://indiankanoon.org/doc/1569253/) "].
    
  3.  During investigation, the photograph of the prosecutrix was
                uploaded on Zip-net, wireless message was flashed and 'Hue & Cry'
                notice was published. In order to trace the prosecutrix, the mobile
                number, from which the prosecutrix had made call at her home, was
                kept on surveillance. It was found that the location of the aforesaid
                number was at Lohgarh Gate, Amritsar and the same was in the name
                of Ram Kumar, son of Hari Ram.
    
  4.  On 26th January, 2013, SI Rajeev (PW-11) along with the
                parents of the victim and Constable Ram Kishan (PW-3) went to
                Amritsar. On enquiry, Ram Kumar informed that the phone was being
                used by Rani, wife of Jairaj, resident of Rajeev Nagar, Lohgarh Gate,
                Amritsar.
    
  5.  On 27th January, 2013, prosecutrix 'P' was recovered from
                Rajeev Nagar, Lohgarh Gate, Amritsar on the pointing out of her
                father. Respondent Kuldeep was apprehended on the pointing out of
                prosecutrix 'P' from Railway Station, Amritsar. On 28th January,
                2013, prosecutrix and respondent Kuldeep were brought at PS Nand
                Nagri. They were got medically examined. The exhibits were seized.
                Statements of prosecutrix were recorded under [Section 161](https://indiankanoon.org/doc/447673/) & [164](https://indiankanoon.org/doc/497457/) of
                the Code of Criminal Procedure [" [Cr.P.C](https://indiankanoon.org/doc/445276/)."]. Respondent was
                subsequently arrested. On 29th January, 2013, prosecutrix was CRL.A. 264/2021                                             Page 2 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 produced before Child Welfare Committee ["CWC"], Dilshad Garden
                and by the orders of CWC, she was handed over to her parents.
                Exhibits were sent to Forensic Science Laboratory ["FSL"], Rohini.
                Statements of witnesses were recorded. The date of birth proof of the
                prosecutrix was collected. On completion of investigation, charge
                sheet was filed against respondent Kuldeep under [Sections
                363](https://indiankanoon.org/doc/619940/) / [366](https://indiankanoon.org/doc/796352/) / [342](https://indiankanoon.org/doc/1243353/) / [376](https://indiankanoon.org/doc/1279834/) / [506](https://indiankanoon.org/doc/180217/) IPC and [Section 4](https://indiankanoon.org/doc/26275631/) of the Protection of Children
                from Sexual Offences Act, 2012 ["POCSO"].
    
  6.  Charges under Section 363/366/342/506 and under [Section 376](https://indiankanoon.org/doc/1279834/) IPC read with [Section 4](https://indiankanoon.org/doc/26275631/) of POCSO Act were framed against the
                respondent, to which, he pleaded not guilty and claimed trial.
    
  7.  In order to bring home guilt of the respondent, prosecution
                examined 12 witnesses. Statement of respondent was recorded under [Section 313](https://indiankanoon.org/doc/767287/) Cr.P.C. He denied the incriminating evidence appearing
                on record against him. He claimed that he was innocent and was
                falsely implicated. He stated that he had never gone to Amritsar nor
                had taken or called the victim to Amritsar. He further stated that the
                mother of the victim had demanded Rs. 20,000/- from him and on his
                refusal, the victim and her family falsely implicated him in this case.
                According to him, he was arrested by the police in Delhi. He refused
                to lead any evidence in his defence.
    
  8.  After considering the evidence on record and hearing the rival
                submissions, the learned trial court vide its judgment dated 20th July,
                2019, acquitted the respondent.
    
  9.  Mr. Usman, learned Additional Public Prosecutor ["APP"] for
                the State, submitted that the impugned judgment passed by the learned CRL.A. 264/2021                                                  Page 3 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 trial court is manifestly erroneous, contrary to law and against the
                facts and evidence on record. It was submitted that prosecution case
                stood fully established through the testimony of prosecutrix (PW-1),
                who unequivocally supported the prosecution version and duly
                corroborated her earlier statement recorded under [Section 164](https://indiankanoon.org/doc/497457/) Cr.P.C
                before the learned Magistrate. It was argued that learned trial court fell
                in error in disregarding her testimony on the basis of minor
                contradictions and alleged improvements, which were natural and
                insignificant, particularly, when the witness had consistently
                maintained that she was kidnapped under threat and subjected to
                sexual intercourse by the respondent. He further submits that as per
                the testimonies of the parents of the prosecutrix, the age of the
                prosecutrix was 16 - 16 ½ years at the time of incident, which fact is
                corroborated by the date of birth as recorded in the birth certificate Ex.
                PW-4/X2. Thus, prosecutrix was minor at the time of commission of
                the offence.
    
  10. We have considered the submissions made.
    
  11. In the cases of kidnapping and rape, the prime question for
                consideration always remains the age of the prosecutrix. The age is
                most relevant because the age of the prosecutrix is a vital factor to find
                out if she was having the capacity to give consent to go with the
                accused or indulge in sexual act.
    
  12. Prosecution has built its case on the basis that prosecutrix was
                aged about 16 ½ years at the time of incident. Since she was less than
                18 years of age, she was not in a position to give consent to the
                accused to take her away from the custody of her parents. As proof of CRL.A. 264/2021                                                 Page 4 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 her age, prosecution places strong reliance upon the testimonies of the
                father (PW-4), mother (PW-5) and the birth certificate Ex. PW-4/X2.
    
  13. As per birth certificate Ex. PW-4/X2, the date of birth recorded
                is 21st July, 1997. In order to prove the birth certificate, prosecution
                examined PW-10 Shri Niwas, Public Health Inspector and Incharge
                Record Keeper, Birth & Death, North Zone, MCD. He could not
                produce the original birth register regarding the birth certificate of the
                prosecutrix, as according to him, the said record got lost while shifting
                the office from Nand Nagri Centre to Shahdara North Zone. The copy
                of the birth certificate, placed on record, is therefore not proved and is
                of no help in proving the age of the prosecutrix.
    
  14. In his examination in chief, father of the prosecutrix (PW-4)
                stated that the age of the prosecutrix was 16 ½ years at the time of
                incident, but in cross examination, when asked, he could not tell the
                date of birth of his daughter. He stated that he does not have the MCD
                hospital record regarding date of birth/age of his daughter. According
                to him, his wife had gone to the school at the time of her admission
                with her Janam Patri as age proof. He further stated that the Janam
                Parti was got prepared by his wife from the dispensary at Nand Nagri
                at the time of her birth. Admittedly, Janam Patri cannot be considered
                as proof of date of birth, and therefore the age, if any, recorded in the
                school record on the basis of Janam Patri, also cannot be considered as
                proof of age of the prosecutrix. In further cross examination, PW-4
                was confronted with "Jachcha Bachcha Raksha Card" (Vaccination
                Card) of the prosecutrix, which is Ex. PW-4/DX1. The date of birth
                recorded in Ex. PW-4/DX1 is not legible. PW-4 stated in cross CRL.A. 264/2021                                                 Page 5 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 examination that he cannot tell the date of birth of the prosecutrix,
                mentioned in Ex. PW-4/X3. Be that as it may, even the "Jachcha
                Bachcha Raksha Card" cannot be treated as the proof of date of birth
                of the prosecutrix.
    
  15. The mother of the prosecutrix (PW-5) deposed in her
                examination in chief that the age of the prosecutrix was 16 years.
                However, in cross examination, she failed to tell her date of birth.
                Undoubtedly, parents are the best persons to tell the age of their
                children, but given the circumstances where neither PW-4 nor PW-5
                could tell the date of birth of the prosecutrix and in the absence of any
                authentic document of the age proof having been proved on record, we
                are of the view that prosecution has failed to prove that the prosecutrix
                was a minor at the time of incident, and therefore that being so, [POCSO Act](https://indiankanoon.org/doc/103108231/) shall also have no applicability.
    
  16.  The learned counsel for the respondent also submitted that
                there are contradictions in the testimonies of the witnesses. The story
                propounded with regard to the manner in which the prosecutrix was
                kidnapped from Delhi under threat and called at Amritsar where she
                was confined and raped, is improbable and full of contradictions. It is
                argued that the judgment of acquittal, passed by the learned trial court,
                is just and appropriate after due consideration of the evidence on
                record and therefore does not call for any interference.
    
  17. We find merit in the above submission. The testimony of the
                prosecutrix in sexual offences is of utmost importance. By now, it is
                well settled that unless there are compelling reasons which necessitate
                looking for corroboration of the statement of the prosecutrix, the CRL.A. 264/2021                                                Page 6 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 Courts should find no difficulty to act on the testimony of the victim
                of a sexual assault alone to convict the accused. No doubt, her
                testimony has to inspire confidence. Seeking corroboration to her
                statement before relying upon the same as a whole, in such cases,
                would literally amount to adding insult to injury. The victim of rape is
                not an accomplice and her evidence can be acted upon without
                corroboration. If evidence is reliable and inspires confidence,
                conviction can be based on the sole testimony of the prosecutrix.
                Hence, the deposition of the prosecutrix has to be looked as a whole to
                find out whether the same has ring of truth.
    
  18. Prosecutrix stepped in the witness box as PW-1 and deposed
                that on 10th January 2013, she made a call, which got connected on a
                wrong number. Thereafter, she started receiving calls from the said
                number. She improved her statement by further stating that it all
                started prior to 10th January, 2013. The person who called from that
                number, had told his name as Sachin. According to her, on 10th
                January 2013, the caller directed her that she should go to the place as
                per his direction, otherwise, he would kill his family members or her
                school-going younger brother. She was also directed to carry Rs. 3
                lakhs. She was directed by the caller to board a bus from Kashmere
                Gate, which goes to Amritsar. According to her, she acted as directed
                and boarded the bus and reached Amritsar on 11th January, 2013 at
                8.30 am. On reaching Amritsar, she told the caller that she was
                standing near Lohya Gate. An ECO van of white colour, in which,
                Moti Chachi, one another lady and three boys came. On a specific
                question put by the learned Prosecutor, she stated that the person who CRL.A. 264/2021                                               Page 7 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 had called her on phone and whose name was Sachin, was also present
                in that van. She identified the respondent as the same person who had
                called her on phone. She further deposed that she was made to sit in
                the van and a handkerchief was put on her face, due to which, she lost
                her senses. When she regained her senses, she found herself on a cot
                in the room and her hands were lying tied with the cot. She further
                deposed that respondent and his Chachi used to come to the room and
                as and when she asked that she should be taken to her home, she was
                beaten up by the respondent. She was made to do a lot of work.
                Respondent told her that he was preparing her video and therefore she
                should look cheerful. She deposed that respondent tried to kill her
                with knives and threatened to kill her parents. She further deposed that
                respondent used to do "Galat Kaam" with her everyday. When asked
                to explain, she clarified that after removing her clothes, respondent
                used to have physical relations with her as husband and wife. She
                stated that respondent used to beat her and did not allow her to come
                to Delhi and that once a call came at his Chachi's number, at that time,
                he was uttering that he was calling from police station.
    
  19. In reply to a leading question put by the learned Prosecutor, she
                admitted that respondent had put 'Sindoor' on her forehead and also
                gave her 'Chuda', asking her to behave and tell everyone that they
                were husband and wife. He forcibly took a photograph with her and
                got a video recording made. She further deposed that once accused
                had left his phone in the room from which she called her parents,
                requesting her mother to rescue her from there.
    
  20. It has been further deposed by PW-1 that on 27th January, 2013, CRL.A. 264/2021                                                Page 8 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 someone knocked the door, and on opening the door, police officials
                were found standing. The respondent ran away. The police
                apprehended the Chachi of respondent as also her younger son. They
                were taken to Police Station at Amritsar. Thereafter, the respondent
                was produced by his family members at the police station. Police had
                then interrogated the respondent. Thereafter, they had gone to railway
                station and came to Delhi by train.
    
  21. If the testimony of PW-1 is to be believed, her acquaintance
                with the respondent was only through mobile phone. In her cross
                examination, she stated that she had spoken with the respondent
                before 10th January 2013 on a number of occasions. They were having
                conversations for about 15 days or 01 month prior to 10th January,
                2013. She admitted that she used to call him on phone and also sent
                SMS's to him. In further cross examination, she stated that she started
                calling the respondent as "Babu" or "Husband". However, she
                volunteered to add that it was under threat. She admitted that she had
                not made any complaint to the police that respondent used to force her
                to call him "Babu" or "Husband". She stated in cross examination that
                there were four tenants in the house where she was residing, but she
                did not make any complaint to any such person regarding threats from
                the respondent. She stated that the expenses for travelling to Amritsar
                were taken by her as advance from her employer on the pretext of
                shopping. She made no complaint to her employer. She could not tell
                the cost of ticket to Amritsar. She admitted that she had not given the
                ticket to the police. She also admitted that she had not disclosed to
                anyone including her friends, relatives and employer that she was CRL.A. 264/2021                                              Page 9 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 going to Amritsar. She admitted that she has number of relatives
                staying in Punjab and Amritsar but had not contacted any of them to
                tell that she was in Amritsar. She stated in cross examination that
                respondent had taken her to Sheetla Mandir. She further stated that she
                has no knowledge that if anyone had beaten or threatened her mother
                or brother. She admitted that she had not made any complaint to the
                police, relative or any other person at Golden Temple. She admitted
                that she made no effort to run away from Amritsar. She admitted that
                in the video clipping shown to her, she was looking happy, even
                though, she claimed that the same was because of threat from the
                respondent.
    
  22. A perusal of the testimony of the prosecutrix reveals that
                respondent had not used any physical force to kidnap the prosecutrix
                from Delhi to Amritsar. Rather, he was not even present in Delhi. The
                evidence also indicates that she had travelled to Amritsar alone by bus
                and thus was not under any physical threat. The story propounded that
                due to threats from the respondent on mobile phone, she was forced to
                leave the house and go to Amritsar, appears to be improbable,
                inasmuch as, she had no physical contact with the respondent prior to
                the occurrence. She could have made complaint to her mother,
                relatives or the police with regard to the threats, if any, from the
                respondent. While staying at Amritsar, she did not reach out for help
                or raise hue and cry and did not try to run away from the house of the
                respondent. The MLC mentions "no visible fresh external injury",
                thereby, negating the story of the prosecutrix regarding beatings
                endured by her and presence of blisters on her hands. It is not her case CRL.A. 264/2021                                               Page 10 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 that she was all the times confined in a room. She had ample
                opportunity to make good her escape, while she was taken to Golden
                Temple or Sheetla Mandir. She could have attracted the attention of
                the passersby and made complaints to them. While such conduct by
                itself may not be determinative, it becomes relevant when considered
                along with other circumstances.
    
  23. In her cross examination, the prosecutrix stated that in 2012-
                2013, she used to go to a factory at Village Mandoli and used to do the
                work of dye stamping and received Rs. 3000/- per month as salary.
                She stated she was regular in her job at Mandoli till 4-5 months back.
                She admitted that she had gone for her job for the complete month of
                January 2013 without break and got complete salary of Rs. 3000/-. If
                she attended the work during the entire month of January 2013, the
                story put-forth by her of going to Amritsar under threat, forcible
                confinement and rape, is improbable and cannot be believed.
    
  24. Hence, upon careful scrutiny of the testimony of the
                prosecutrix, we find that her testimony does not inspire confidence
                required to treat it as one of sterling quality. Her deposition is marked
                by material contradictions, improvements and inconsistencies on core
                aspects      of   the   prosecution   case,   particularly   regarding     the
                circumstances in which she left home, her prior contact with the
                accused/respondent, and the events allegedly constituting the offence.
                These discrepancies are not minor variations but go to the root of the
                prosecution case, thereby, rendering her version unreliable and unfit,
                so as to base the conviction solely on her testimony.
    
  25. The evidence shows that prosecutrix was recovered from a CRL.A. 264/2021                                                   Page 11 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 house at Amritsar, while respondent was not present there. As per the
                testimony of the prosecutrix, the respondent was produced by his
                family members at the police station, while as per the father of the
                prosecutrix (PW-4), Constable Ram Kishan (PW-3) and SI Rajeev
                (PW-11), he was apprehended from Railway Station, Amritsar during
                search on the pointing out of the prosecutrix. To the contrary, the
                mother of the prosecutrix (PW-5) deposed that respondent was
                apprehended while they had come to Railway Station, Amritsar for
                boarding train to Delhi. Thus, the place and manner of arrest of the
                respondent is also doubtful.
    
  26. Prosecutrix deposed in her testimony that the appellant had left
                his phone in the room, from which, she called her parents, requesting
                her mother to rescue her from there. The mother of the prosecutrix
                deposed that she received call from her daughter who was uttering
                "Mujhe Bachalo, Mujhe Bachalo". She could not speak anything else.
                When her husband returned from his job, she told him about the call
                received from the prosecutrix, and thereafter, she along with her
                husband went to the police station and lodged a report with the police.
                However, the father of the prosecutrix (PW-4) deposed as if he
                attended the call of prosecutrix. According to him, his daughter
                informed him on telephone that she was living with the appellant in
                the area of Lohagate, Amritsar. As per PW-11 SI Rajiv, he had put
                the mobile No. 9781246116 on tracking in the ACP Office. From the
                CDR, he found that the mobile number, from which the victim had
                made call at her house, was in the name of Ram Kumar, son of Hari
                Ram, resident of House No. 2221/11, Gali Abal, PS Lohgate, Amritsar CRL.A. 264/2021                                               Page 12 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 and the location of the said number was found in Lohgate, Amritsar.
                The call detail record and the location report is Mark A (colly). PW-11
                further deposed that on 27th January, 2013, they met Ram Kumar at
                House No. 2221/11, and on interrogation, he disclosed that the
                aforesaid number belongs to him, but for a long time, the said number
                was being used by one lady Ms. Rani, who resides at Rajeev Nagar,
                Lohgarh Gate, Amritsar. Prosecution neither proved the Customer
                Application Form nor examined the service provider to confirm that
                mobile No. 9781246116 was registered in the name of Ram Kumar.
                The CDR and the location chart have also not been duly proved on
                record. Ram Kumar has also not been examined to confirm that the
                aforesaid number belonged to him or that the same was being used by
                Ms. Rani. No evidence has been placed on record as to what
                connection was there between Rani and Ram Kumar and whether the
                appellant made phone call from the mobile number being used by
                Rani. Thus, it may be seen that the investigation has been conducted
                in a slip-shod manner, which makes the prosecution case doubtful, the
                benefit of which goes to the appellant.
    
  27. The law governing appeals against acquittal is well established.
                The appellate court can re-appreciate the evidence and shall interfere
                only when the findings of the Trial Court are perverse, manifestly
                illegal, or grossly unjust. The Supreme Court in [Ghurey Lal v. State
                of U.P.](https://indiankanoon.org/doc/127405/), (2008) 10 SCC 450 observed that the presumption of
                innocence in favour of the accused stands reinforced by an order of
                acquittal, and unless the conclusions drawn by the Trial Court are
                perverse, manifestly illegal, or wholly unreasonable, the appellate CRL.A. 264/2021                                               Page 13 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 court ought not to substitute its own view merely because another
                view is possible. The relevant portion of the judgment reads as under:-
    

"69. The following principles emerge from the
cases above:

  1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code,
  2. Its power of reviewing evidence is wide
    and the appellate court can re-appreciate the
    entire evidence on record. It can review the
    trial court's conclusion with respect to both
    facts and law.

  3. The accused is presumed innocent until
    proven guilty. The accused possessed this
    presumption when he was before the trial
    court. The trial court's acquittal bolsters the
    presumption that he is innocent.

  4. Due or proper weight and consideration
    must be given to the trial court's decision. This
    is especially true when a witness' credibility is
    at issue. It is not enough for the High Court to
    take a different view of the evidence. There
    must also be substantial and compelling
    reasons for holding that the trial court was
    wrong.

  5. In light of the above, the High Court and
    other appellate courts should follow the well-
    settled principles crystallised by number of
    judgments if it is going to overrule or
    otherwise disturb the trial court's acquittal:

  6. The appellate court may only overrule or
    otherwise disturb the trial court's acquittal if it
    has "very substantial and compelling
    reasons" for doing so.
    A number of instances arise in which the
    appellate court would have "very substantial
    and compelling reasons" to discard the trial
    court's decision. "Very substantial and
    compelling reasons" exist when:

(i) The trial court's conclusion with regard
to the facts is palpably wrong;

(ii) The trial court's decision was based on
an erroneous view of law;

CRL.A. 264/2021 Page 14 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 (iii) The trial court's judgment is likely to
result in "grave miscarriage of
justice";

(iv) The entire approach of the trial court in
dealing with the evidence was patently
illegal;

(v) The trial court's judgment was
manifestly unjust and unreasonable;

(vi) The trial court has ignored the evidence
or misread the material evidence or
has ignored material documents like
dying declarations/report of the
ballistic expert, etc.

(vii) This list is intended to be illustrative,
not exhaustive.

  1. The appellate court must always give proper
    weight and consideration to the findings of the
    trial court.

  2. If two reasonable views can be reached--

one that leads to acquittal, the other to
conviction--the High Courts/appellate courts
must rule in favour of the accused."

  1. Similarly, in Chandrappa & Ors. v. State of Karnataka, (2007) 4 SCC 415, the Hon'ble Apex Court held that in cases of acquittal, there is a double presumption in favour of the accused. The relevant portion of the judgment reads as under:-

"16. It cannot, however, be forgotten that in
case of acquittal, there is a double
presumption in favour of the accused. Firstly,
the presumption of innocence is available to
him under the fundamental principle of
criminal jurisprudence that every person
should be presumed to be innocent unless he is
proved to be guilty by a competent court of
law. Secondly, the accused having secured an
acquittal, the presumption of his innocence is
certainly not weakened but reinforced,
reaffirmed and strengthened by the trial
court."
29. Upon a holistic appreciation of the evidence, we find that the CRL.A. 264/2021 Page 15 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57 view taken by the learned Trial Court is a plausible and reasonable
one based on the material on record. The prosecution has failed to
prove the guilt of the respondent beyond reasonable doubt. The
findings of the Trial Court do not suffer from perversity or illegality
warranting interference.

  1. Consequently, the appeal is dismissed and the impugned
                judgment dated 20th July, 2019 passed by the learned trial court
                acquitting the respondent is affirmed.
    
  2. Pending applications, if any, also stand disposed of.
    
  3. The Bail Bond and the Surety submitted by the respondent are
                hereby discharged.
    

RAVINDER DUDEJA, J.

NAVIN CHAWLA, J.

March 25, 2026/AK/RM CRL.A. 264/2021 Page 16 of 16 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:25.03.2026 17:57

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Delhi HC
Filed
March 25th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
CRL.A. 264/2021

Who this affects

Geographic scope
IN IN

Taxonomy

Primary area
Criminal Justice
Operational domain
Legal
Topics
Appeals Criminal Procedure

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