Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G. BASAVARAJA
Puttaswamygowda, S/O Nanjegowda – Appellant
Versus
State By Hirisave Police – Respondent
| Table of Content |
|---|
| 1. factual basis for the appeal. (Para 3 , 4 , 5) |
| 2. arguments against first appellate court's ruling. (Para 10 , 11) |
| 3. court's analysis of evidence and material facts. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. final decision and order. (Para 21) |
JUDGMENT :
G BASAVARAJA, J.
The appellants have preferred this appeal against the judgment of conviction and order on sentence dated 28.03.2015 passed in Crl.A.No.149/2014 by the Fast Track Court and Additional Sessions Judge at Channarayapattana (for short "the first appellate Court"), whereby the judgment of acquittal dated: 05.06.2014 passed in C.C. No.423/2013 by Senior Civil Judge and JMFC, Channarayapattana (for short " the trial court"), came to be set aside
2. For the sake of convenience, the parties herein are referred to their rank as before the trial Court.
3. The brief facts leading to this appeal are that the Sub-Inspector of Police, Hirisave Police Station laid a charge sheet against the accused for the offences punishable under Sections 323 , 326, 504 and 506 read with Section 34 of Indian Penal Code.
4. It is alleged by the prosecution that on 04th October, 2008 at about 10.30 am, a panchayat was conducted i
The appellate court erred by reversing the trial court's acquittal due to insufficient evidence to substantiate grievous hurt, emphasizing the necessity for cogent proof in criminal cases.
In acquittal appeals, the presumption of innocence strengthens if the trial court finds the prosecution's evidence insufficient to prove guilt beyond a reasonable doubt.
Presumption of innocence is reinforced upon acquittal; appellate courts must not disturb findings if trial courts' views are reasonable and plausible.
In acquittal appeals, the presumption of innocence prevails if trial court's conclusions are reasonable and legally sound.
Point of Law : When once the doubt arise in the mind of the court, the benefit of such doubt should always accrue on the part of the accused and it is the doctrine of criminal justice delivery system....
Convictions must rely on cogent, corroborative evidence; failure to provide such leads to acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
