Madras High Court
Criminal LawCriminal Procedure and Evidence

An acquittal cannot be disturbed where the trial court’s view is plausible and not perverse.

SUNDHAR vs STATE REP BY

Madras High CourtJUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
An acquittal cannot be disturbed where the trial court’s view is plausible and not perverse.. SUNDHAR vs STATE REP BY. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, the de facto complainant, alleged that respondents 2–5 attacked him and his brothers following a land dispute and humiliated them on account of their caste.

Source reference: p. 3; paras. 2–3

The prosecution case was that the assault involved wooden logs, knives and bricks; the appellant and his brothers testified as P.Ws. 1–4

Source reference: p. 3; paras. 2–3; p. 5; paras. 9–10

The trial court acquitted the accused, finding that the prosecution witnesses’ injuries were not corroborated by the medical evidence and that injuries sustained by two accused had not been explained

Source reference: p. 4; para. 5

The appellant appealed under Section 372 Cr.P.C. The State did not file an appeal

Source reference: pp. 1–2; paras. 1, 7; p. 5; para. 7
02

Issues

Whether the trial court’s acquittal of respondents 2–5 was perverse or otherwise warranted appellate interference

Source reference: pp. 6–7; paras. 13–14

Whether the prosecution evidence was sufficient to establish the alleged assault and caste-based offences, notwithstanding the inconsistencies and evidentiary deficiencies identified by the trial court

Source reference: pp. 5–7; paras. 10–13
03

Law Applied

The appeal was brought under Section 372 Cr.P.C. against an acquittal.

Source reference: p. 7; para. 14

The Court applied the principle that an appellate court will not ordinarily interfere with an acquittal unless the trial court’s findings are perverse; where the trial court’s view is plausible, the acquittal should be sustained

Source reference: p. 7; para. 14

The charges included offences under Sections 324, 323, 342 and 506(ii) IPC, read where applicable with Section 34 IPC, and offences under Sections 3(1)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, as amended

Source reference: pp. 1–3; paras. 2–3
04

Reasoning

The Court found material inconsistencies between the prosecution witnesses’ accounts and their earlier statements to the doctor, including the report that 20 persons had attacked them.

Source reference: pp. 5–6; paras. 10–13

The medical evidence disclosed no external injuries on most of the witnesses, apart from small abrasions on P.Ws. 3 and 4.

Source reference: pp. 5–6; paras. 10–13

Further, the prosecution did not explain the injuries recorded on A1 and A2, and the trial court had identified contradictions among P.Ws. 1–4 concerning the occurrence and weapons used

Source reference: pp. 5–6; paras. 10–13

In light of these deficiencies, the Court held that the trial court’s decision to disbelieve the witnesses was a plausible view, not a perverse one

Source reference: p. 7; paras. 13–14
05

Holding

The Court answered the appellate-interference issue in the negative.

Finding no perversity in the trial court’s reasoned acquittal, it confirmed the judgment acquitting respondents 2–5 and dismissed the criminal appeal

Source reference: p. 7; para. 14
06

Acts & Sections Cited

8 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19731

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891

Madras High Court

Original Court PDF

SUNDHARvsSTATE REP BY

Madras High Court · October 09, 2026

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