Saturday 10 June 2017

When a judgment can be said to be perverse?

In exceptional cases where there are compelling circumstances,
and the judgment under appeal is found to be perverse, the
appellate court can interfere with the order of acquittal. The
findings of fact recorded by a court can be held to be perverse if the

findings have been arrived at by ignoring or excluding relevant
material or by taking into consideration irrelevant/inadmissible
material. A finding may also be said to be perverse if it is “against
the weight of evidence”, or if the finding so outrageously defies logic
as to suffer from the vice of irrationality. (See Balak Ram v. State of
U.P., (1975) 3 SCC 219, Shailendra Pratap v. State of U.P., (2003) 1
SCC 761, Budh Singh v. State of U.P., (2006) 9 SCC 731, S. Rama
Krishna v. S. Rami Reddy, (2008) 5 SCC 535, Arulvelu v. State,
(2009) 10 SCC 206, Ram Singh v. State of H.P., (2010) 2 SCC 445
and Babu v. State of Kerala, (2010) 9 SCC 189).”
(emphasis supplied)
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 991 OF 2010
Brij Lal 
v
State of Rajasthan.

Dated:August 17, 2016.
Citation:(2016) 13 SCC347
Read full judgment here : Click here
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