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Only if the appellate court is satisfied that the guilt of the accused is duly proved and it is the only plausible finding which could have been recorded based on the evidence on record, the appellate court can overturn the order of acquittal, the bench held
The Supreme Court recently observed that the mere possibility of an alternative view is insufficient grounds to reverse an acquittal, as it overturned the conviction of a woman accused of obtaining a false caste certificate.
A bench of Justices Abhay S Oka and Augustine George Masih emphasized that an appellate court may only set aside an acquittal if it is firmly convinced that the evidence conclusively establishes the accused's guilt and no other reasonable conclusion could be drawn.
"We find that the Sessions Court has not adverted to the ingredients of the offences for which the appellant was convicted. Perhaps the Sessions Court felt troubled because there were many cases where the caste certificates issued by the competent authority were being invalidated, and people were taking undue advantage of such certificates. Moreover, the Sessions Court was impressed by the fact that the appellant did not challenge the Committee’s order invalidating the caste certificate," the bench noted.
Dealing with an appeal filed by Vimalakka Ramappa Koli alias Talwar against a Karnataka High Court decision that upheld a sessions court's conviction after overturning her acquittal, the bench stated that the conviction could not stand as there was no finding confirming that the elements of the alleged offences were proven.
The appellant faced prosecution under Sections 196, 198, and 420 of the Indian Penal Code. According to the prosecution, she submitted an application to the competent authority on September 9, 2022, falsely claiming to be from the Hindu Holer Caste, a Scheduled Caste, which led to the issuance of a caste certificate stating her as a member of the Hindu Holer Caste.
Based on the caste certificate, the appellant applied for grant of a loan to Karnataka Scheduled Caste and Scheduled Tribe Development Corporation Limited, Belgaum and the loan was granted.
Later, the District Caste Verification Committee (the Committee) scrutinised the certificate, concluding that the appellant did not belong to the Hindu Holer Caste but to the Hindu Talwar Caste. Accordingly, the Committee invalidated the caste certificate.
An FIR and a charge sheet were filed against the appellant for the offences punishable under Sections 196, 198 and 420 of the IPC.
The Judicial Magistrate passed an order of acquittal. In an appeal by the respondent-State, the Sessions Court on January 21, 2015, overturned the order of acquittal and convicted the appellant for the offences punishable under Sections 196, 198 and 420 of the IPC. The appellant was sentenced to undergo simple imprisonment for three years and Rs 5,000 fine.
In a revision petition by the appellant, the High Court confirmed the conviction for the offences punishable under Sections 198 and 420 of the IPC. However, it acquitted the appellant for the offence punishable under Section 196 of the IPC. It also reduced the substantive sentence to six months.
In its judgment, referring to Section 198 of the IPC, the bench said it used the word “corruptly”. Therefore, the court said, it is obvious that mens rea is an essential ingredient of the offence.
"Only because the appellant could not establish her caste claim before the Committee, one cannot conclude that the appellant corruptly used the caste certificate. Moreover, corruptly using the certificate is not sufficient. The accused must have knowledge that the certificate is false. The allegation that the certificate is false to the knowledge of the appellant must be proved by the prosecution," the court said.
The bench also pointed out that when the competent authority grants a caste certificate, it can be invalidated on various grounds. One reason can be that the person could not substantiate his caste claim. The second can be that fabricated or forged documents were produced to support the caste claim.
"There is no finding that the caste certificate was invalidated on this ground. It is not in dispute that the caste certificate was issued by the authority which was competent to issue it after following due procedure. Therefore, the caste certificate, per se, cannot be false or fabricated. If a caste certificate is invalidated as the applicant could not prove his caste, it cannot be termed false only on the ground that it was invalidated. There is no evidence to show that the caste certificate was false," the bench said holding the ingredients of Section 198 of the IPC were not made out.
With regard to the offence of cheating, defined by Section 415 of the IPC and punishable under Section 420 of the IPC, the bench said fraudulent or dishonest acts are essential ingredients of cheating.
"The Sessions Court has recorded no such finding regarding any fraudulent or dishonest acts on the part of the appellant. This is not a case where the Committee had recorded a categorical finding on facts that the claim made by the appellant was false," the bench said.
The court found it was evident that the Sessions Court could not have overturned the order of acquittal.
"The High Court while confirming the order of the Sessions Court has not even considered the fact that the Sessions Court has not recorded a finding that ingredients of the offences were established. Therefore, the appeal must succeed," the bench said.
Allowing the appeal, the court set aside the judgment and order of January 21, 2015, passed by the VII Additional District and Sessions Judge, Belgaum and restored the judgment and order by the judicial magistrate.
Case Title: Vimalakka Ramappa Koli alias Talwar Vs The State of Karnataka
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