In a strong statement about appellate powers, the Supreme Court has said that an appellate court, while exercising its appellate jurisdiction, can set aside a conviction even if the accused has not appealed against it, if justice so requires.

“…the appellate Court is vested with the power to examine the correctness of the findings and sentence recorded by the Court below and to reverse, alter or affirm the same, as the interests of justice may require.”, observed a bench of Justice Vikram Nath and Justice Sandeep Mehta.

Background of the Case:

The observation came in a case where the State of Assam had filed an appeal against the acquittal of a respondent in a brutal murder-rape case.

The High Court had acquitted the accused of murder and rape charges but had still upheld the conviction under Section 201 IPC for destroying evidence. The Supreme Court found serious flaws in linking the evidence to the accused, and therefore upheld the acquittal.

Court Goes Further:

However, the Court went a step further. Even though the accused had not filed any appeal, the Supreme Court also set aside the conviction under Section 201 IPC.

On whether this was legally allowed, Justice Mehta’s judgment made it clear: “the absence of an appeal by the accused-respondent does not, by itself, denude this Court of its appellate jurisdiction”. This means the Court still has the power to review such findings.

Wide Appellate Powers:

Referring to Section 386 Cr.P.C. (now Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court said it has wide powers to examine, change, or uphold decisions of lower courts if justice demands it.

Conviction Set Aside:

“…we are of the view that the High Court clearly fell into error in affirming the conviction of the accused-respondent for the offence punishable under Section 201 of the IPC…in exercise of the aforesaid appellate powers, we deem it appropriate to interfere with the conviction and sentence of the accused-respondent under Section 201 of the IPC as indicated above,” it concluded, setting aside the conviction even though it had not been challenged.

Case Details: THE STATE OF ASSAM VERSUS MOINUL HAQUE @ MONU