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VIPUL M. PANCHOLI, CHANDRA SHEKHAR JHA
Arti Kumari D/o Badhan Mandal – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. The present appeal has been filed under Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) by the appellant-original informant against the impugned judgment and order of acquittal dated 15.05.2023 rendered by learned Special Judge, SC/ST (POA) Act, Gaya in G.R. No. 1220 of 2012, SC/ST Trial No. 101 of 2015 arising out of Barachatti (Mohanpur) P.S. Case No. 427 of 2012 for the offences punishable under Sections 302 read with 34 of the Indian Penal Code (for short ‘IPC’) as well as Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as ‘the Act’) whereby the present prime respondents have been acquitted from the charges levelled against them.
2. Heard Mr. Yugal Kishore, learned advocate for the appellant-informant and Mr. Sujit Kumar Singh, learned APP appearing on behalf of the respondent-State.
3. The prosecution story, in brief, is as under:
The presumption of innocence remains paramount in criminal proceedings, and the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt, particularly in cases of acquit....
The main legal point established in the judgment is that in an appeal against acquittal, the appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable....
The prosecution failed to prove its case beyond reasonable doubt due to contradictions in eyewitness testimonies, leading to the affirmation of the trial court's acquittal.
An appellate court cannot overturn an acquittal unless the trial court's reasoning is unreasonable or illegal, maintaining the presumption of innocence unless proved otherwise.
The appellate court upheld the trial court's acquittal of the accused due to the lack of reliable evidence and doubts regarding the credibility of witness testimonies, emphasizing that reasonable dou....
The prosecution must prove guilt beyond reasonable doubt, and acquittals carry a double presumption of innocence, requiring strong grounds for reversal.
The importance of establishing a clear motive and the need for circumstantial evidence to be cogently and firmly established, pointing towards the guilt of the accused.
The principles governing appeals against acquittal emphasize the presumption of innocence and the necessity for the prosecution to prove guilt beyond a reasonable doubt, with the appellate court exer....
The main legal point established in the judgment is the requirement for corroboration and consistency in dying declarations, and the principle of giving the benefit of doubt to the accused when two r....
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or fundamentally flawed, emphasizing the presumption of innocence and the burden of proof on the prosecu....
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