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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Md. Junaid @ Md. Juned, son of Late Gyasuddin @ Md. Gayasuddin @ Md. Giyasuddin – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Vipul M. Pancholi, J.)
Heard Md. Ziaul Quamar, learned Advocate for the appellant and Mr. Ajay Mishra, learned APP for the respondent-State.
2. The present appeal has been filed under Section Section 372 (proviso) of Code of Criminal Procedure, 1973. The appeal has been filed by the informant against judgment and order of acquittal dated 18.03.2024 rendered by learned Additional District & Sessions Judge – II, Supaul in Sessions Trial No. 187 of 2017 arising out of Jadia P.S. Case No. 118 of 2014, whereby the present private respondents or respondents-accused have been acquitted of the charges levelled against them for the offence punishable under Section 147, 148, 341, 323, 302 / 149 of the Indian Penal Code.
3. Learned counsel for the appellant-informant, at the outset, submitted that though there are eye-witnesses to the incident in question, who have fully supported the case of the prosecution, the trial Court did not properly appreciate the said depositions given by the eye-witnesss and passed impugned judgment and order of acquittal. Learned counsel has supplied the copies of the depositions of the prosecution witnesses and the other relevant documents. Learned cou
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 may reappraise evidence in acquittal appeals but maintains double presumption of innocence, requiring clear support for findings before altering trial court decisions.
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....
In acquittal appeals, the prosecution bears the burden to prove guilt beyond reasonable doubt, with a double presumption in favor of the accused, making it difficult to overturn a trial court's acqui....
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 must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
The court emphasized the principle that an order of acquittal should only be reversed if it is clearly unreasonable and there are compelling and substantial reasons to do so.
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove the guilt of the accused beyond reasonable doubt, and any failure in procedural fairness, particularly in the examination of the accused, can lead to the quashing of a conv....
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