Sec 378 of Code of Criminal Procedure

378. Appeal in case of acquittal.—[(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.]

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code,[the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.]

(3) No appeal [to the High Court] under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

Notes on Clauses to 2005 Amendment ► In order to guard against the arbitrary exercise of power and to reduce reckless acquittals, Section 378 is being amended to provide that an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence filed on a police report would lie to the Court of Sessions, and the District Magistrate will be authorised to direct the Public Prosecutor to file such appeals. In respect of all other cases filed on a police report, on appeal against an order of acquittal passed by any court other than the High Court should lie only to the High Court and the authority to direct the Public Prosecutor to present an appeal shall continue to be with the State Government.

► Appeal against Acquittal.—It is now well-settled that the power of an Appellate Court to review evidence in appeals against acquittal is as extensive as its powers in appeals against convictions. It is also well-settled that before an Appellate Court can set aside the order of acquittal, it must carefully consider the reasons given by the Trial Court in support of its order and must give its own reasons to reject those reasons. It should bear in mind the presumption of innocence of the accused and the fact that the Trial Judge had the advantage of seeing and hearing the witnesses. In brief, the Appellate Court should not disturb an order of acquittal except on very cogent grounds, Mathai Mathews v. State of Maharashtra, (1970) 3 SCC 772. See also Chowdikodlu Asuralli Dyavappa v. State of Mysore, 1980 SCC (Cri) 251 : (1980) 1 SCC 468.

Entertainment of the appeal by the High Court against an acquittal will be justified only under special circumstances, Umedbhai Jadavbhai v. State of Gujarat, (1978) 1 SCC 228 : 1978 SCC (Cri) 108.

► Appeal against acquittal.—If court below has taken a probable view to acquit accused, fact that another probable view would lead to conviction, is no ground to interfere with acquittal, Union of India v. Pravat Kumar Behuria, (2019) 10 SCC 220.

 ► Appeal Against Acquittal In Cheque Bounce Cases Can Be Filed Only Before High Court U/s 378(4) CrPC: Madras HC Full Bench

Case name: K.Rajalingam Vs. R.Suganthalakshmi,2020