Victim Appeal Rights, Section 27 Evidentiary Limits, and Principles for Overturning Acquittals
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Case: KHALIL PASHA v. ABDUL RASHEED
Court: Supreme Court of India
Date: 28-07-2026
Law: Code of Criminal Procedure, Indian Evidence Act, Indian Penal Code, Bharatiya Nagarik Suraksha Sanhita.
Highlights of the Judgment:
- Scope of a victim's statutory right to appeal acquittal under Section 372 CrPC versus revisional jurisdiction under Section 401.
- Statutory prohibition under Section 401(4) CrPC against entertaining revision petitions when appellate remedies remain unexercised.
- Evidentiary evaluation of chance witnesses and the necessity of independent corroboration to establish their presence at the crime scene.
- Impact of conflicting medical testimonies regarding victim's consciousness on the credibility of dying declarations.
- Sufficiency of weapon recovery under Section 27 of the Evidence Act as sole basis for conviction.
- Principles governing non-interference with plausible orders of acquittal and fortification of the presumption of innocence.