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This is an archive article published on September 25, 2009

If acquittal is perverse,it can be reversed: SC

The SC has said it will not hesitate to exercise its extraordinary powers to reverse an acquittal order passed by a HC if the same was found to be 'perverse'.

The Supreme Court has said it will not hesitate to exercise its extraordinary powers to reverse an acquittal order passed by a high court if the same was found to be “perverse” or “grossly unjust”.

“Even if two views are reasonably possible,one indicating conviction and other acquittal,this court will not interfere with the order of acquittal.

“But this Court will not hesitate to interfere if the acquittal is perverse in the sense that no reasonable person would have come to that conclusion,or if the acquittal is manifestly illegal or grossly unjust,” the apex court said,while restoring the conviction and life sentence imposed by a sessions court on three persons in a double murder case.

The apex court convicted the accused while exercising its extraordinary appellate powers vested with it under Article 136 of the Constitution.

In this case the double murder was committed by accused Karunakar Pandey,Prabhakar Pandey — owners of a petrol pump — and another person in broad daylight in UP’s Jaunpur district on May 24,1994.

The victims,bothers Rajesh and Brajesh,were shot dead by the accused after an altercation at the petrol pump which was witnessed by the deceased’s father,Raj Naraian Singh,and another eyewitness Sunil Singh.

Though the Sessions Court convicted and sentenced the accused to life imprisonment,the high court acquitted them of the charges,following which the aggrieved father appealed in the apex court.

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