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CHANDRA SHEKHAR JHA
Sinki Kumari @ Sinku Kumari, Daughter of Jitu Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
1. This appeal has been filed, being aggrieved from the impugned Judgement dated 29.11.2022, by appellant/informant/PW-8, as passed by learned Additional Sessions Judge 1 Cum Special Judge, Sitamarhi in Sessions Trial No.342 of 2016 / CIS No. 368 of 2016 arising out of Sitamarhi Scheduled Caste & Scheduled Tribe Police Station Case No. 04 of 2014, where learned trial court has exonerated/acquitted the Respondent Nos. 2 to 8 from the charges under Sections 341, 504, 506, 379 of the Indian Penal Code and Sections 3(1)(x)/3(1)(ii) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocity) Act, 1989, where respondents were convicted only under Section 323 of the Indian Penal Code, where upon conviction a fine of Rs. 1,000/- was imposed each of them and in default of payment of fine, they ordered to undergo simple imprisonment for three months. This part of conviction not challenged.
2. The crux of prosecution case as springs through written information of informant, namely, Sinku Kumari/PW-8 daughter of Jitu Paswan given to the Station House Officer of Scheduled Caste & Scheduled Tribe Police Station that on 22.01.2014, when she went to the Governme
The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence for caste-based abuse under the SC/ST Act and the presumption of innocence in acquittal cases.
The acquittal was upheld due to the prosecution's failure to establish guilt beyond reasonable doubt, emphasizing the presumption of innocence and the need for credible evidence.
The main legal point established in the judgment is the principle that in an appeal against acquittal, the appellate Court should not interfere with the finding of acquittal recorded by the Trial Cou....
The acquittal under the Atrocities Act requires clear intent to humiliate based on caste, and the appellate court can only overturn if there is illegality or perversity in the trial court's judgment.
Caste status of the victim must be proven with reliable evidence, such as an official certificate, for a conviction under the Scheduled Castes Act, making mere oral testimony insufficient.
The appellate court may review evidence in acquittal appeals but should not reverse a trial court's acquittal unless the trial court's decision is unreasonable or perverse.
In acquittal appeals, presumption of innocence is reinforced, and the appellate court should only interfere with the acquittal if the trial court's ruling is perverse or unreasonable based on the pre....
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