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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Navin Kumar, Son of Late Ram Dayal Prasad – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. appellant's initiatives in the appeal (Para 1 , 8 , 10) |
| 2. challenges judgement of acquittal (Para 2 , 3 , 4 , 5 , 6 , 9) |
| 3. summary of the case with extensive evidence of testimony and fir report. (Para 7) |
| 4. court's reasoning and principles of appeal (Para 11 , 12 , 13 , 15 , 16 , 17 , 18) |
| 5. precedent role of supreme court in acquittal (Para 14) |
| 6. dismissal of appeal against acquittal (Para 19 , 20) |
JUDGMENT :
(CHANDRA SHEKHAR JHA, J.)
Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.
2. The present memo of appeal has been challenging the impugned judgment of acquittal dated 28.11.2022 as passed by learned Additional Sessions Judge- IX, Saran, Chapra in connection with Chapra Town P.S. Case No. 151 of 2012 corresponding to Sessions Trial No. 439 of 2013, whereby learned court has acquitted both the accused persons (respondents herein) for the offences as charged against them.
3. The brief facts of the case is that on 12.06.2012 at 7:30 p.m., while the appellant/informant (PW-7) was going towards Salempur through Sahebganj Post Office Street to purchase groceries items, two boys stopped him near Building No. 786, Kapda (clot
An appellate court must respect the acquittal by the trial court unless the judgment suffers from severe legal flaws or misinterpretations of evidence.
An appellate court must maintain double presumption of innocence in acquittal cases and should not overturn unless clear errors are present in trial court's judgment.
The appellate court upheld the presumption of innocence and confirmed the acquittal, stating the prosecution failed to prove charges beyond reasonable doubt.
An acquittal by the trial court reinforces the presumption of innocence, and an appeal against such acquittal requires substantial justification, which was lacking in this case.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.
An appellate court must respect the presumption of innocence after an acquittal and may only intervene if the trial court's decision is perverse or unsupported by credible evidence, emphasizing the h....
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