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CHANDRA SHEKHAR JHA
Ramawati Devi, Wife Of Pundev Ram – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
Heard learned counsel for the appellant and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State.
2. The present appeal filed on behalf of the appellant/informant under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST (POA) Act”), which has been preferred against the judgment of acquittal dated 02.07.2022 rendered by learned Additional Sessions Judge-III-cum-Exclusive Special Judge, SC/ST (POA) Act, Saran at Chapra in connection with Session Trial No. 512/2014 arising out of Masrakh P.S. Case No. 41 of 2012 whereby the present respondents/accused have been acquitted from the charges levelled against them.
3. Brief facts of prosecution case, as appears from complaint petition of the complainant is that on 07.01.2012, in the morning, respondent nos. 2 to 12 armed with various weapons like lathi, spear and country made pistol arrived at the plot bearing khata No. 268, survey No. 2368 with area having 4 katha and 13 dhurs, took the stalk bundles of complainant/appellant with value of Rs. 2500/-thrown in the canal and taken away 70 pieces of bamboo s
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to interfere with an acquittal.
In acquittal appeals, if the trial court’s assessment of evidence is plausible, the appellate court will not interfere, emphasizing the burden of proof on the prosecution.
The judgment emphasized the need for substantial and compelling reasons to interfere with an order of acquittal, the double presumption of innocence in favor of the accused, and the importance of re-....
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....
The appellate court affirmed the trial court's acquittal, emphasizing the necessity of substantial evidence for conviction and the presumption of innocence for the accused.
The appellate court must respect the presumption of innocence and the trial court's findings unless they are perverse or illegal, reaffirming the high burden of proof required in criminal cases.
In acquittal appeals, the presumption of innocence favors the accused, limiting the appellate court's interference unless the trial court's decision is unreasonable or lacks proper evidence.
The appellate court observed that a trial acquittal must not be overturned without compelling evidence, maintaining a strong presumption of innocence for the accused.
An appeal against acquittal should respect the presumption of innocence and not interfere if the acquittal is based on reasonable conclusions drawn from evidence.
In acquittal appeals, the appellate court must respect the presumption of innocence, not overturning a trial court's reasonable judgment based on lack of evidence and contradictions.
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