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SANDEEP MEHTA, JOYMALYA BAGCHI
State of Himachal Pradesh – Appellant
Versus
Devinder Kumar – Respondent
| Table of Content |
|---|
| 1. details of the case and victim's account. (Para 3 , 5 , 6 , 7) |
| 2. standards for appellate review in acquittal cases. (Para 4 , 8 , 9 , 10) |
| 3. dismissal of the special leave petition. (Para 11 , 12) |
ORDER :
2. Delay condoned.
4. We have gone through the impugned judgment and the evidence placed on record.
6. The prosecution claims that when the family members were returning home from the police station on 12th June, 2012 after lodging the report, the victim was found at Mohari near railway station by the complainant and her brother. She was weeping and on being consoled, she stated that she had been taken away by two persons in a pick up vehicle towards the Shimla side. She had never seen those two persons earlier nor were they known to her and that she did not remember the number of the vehicle. She did not give any significant details to her family members except the complainant that she had been raped.
8. Law is well settled by a catena of judgments of this Court that while considering an appeal against acquittal, the appellate Court should be very slow in disturbing the findings of the acquittal which can be done only in a situation, where no view other than the guil
Appellate courts should exercise caution in overturning acquittals, only doing so when the evidence unequivocally establishes guilt, maintaining the benefit of the doubt for the accused.
Interference in acquittal appeals is justified only if the trial court's findings are perverse, maintaining that evidentiary support is crucial for establishing guilt beyond reasonable doubt.
An appellate court should not disturb an acquittal unless clear evidence shows the trial court’s conclusions were perverse or unsupported by credible evidence.
In appeals against acquittal, modifications are permitted only in cases of manifest illegality and substantial reasons, maintaining the presumption of innocence.
The prosecution must establish its case beyond reasonable doubt, and inconsistencies in the victim's testimony can lead to acquittal in sexual offence cases.
The prosecution must prove charges beyond reasonable doubt, including establishing the victim's age and non-consent; failure to do so justifies acquittal.
Point of law: In any event the High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising revisional jurisdiction. Even while exercising an appellate power....
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