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IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M.PANCHOLI, SUNIL DUTTA MISHRA
Munni Devi Wife of Sarjun Chaudhary – Appellant
Versus
State of Bihar through the District Magistrate, Gaya, District - Gaya Bihar – Respondent
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
The present appeal has been filed by the appellant/original informant under Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment of acquittal dated 09.09.2024 rendered by the learned Additional District & Sessions Judge-I, Sherghati, Gaya in Sessions Trial No.138/2022/950/2023, arising out of Gurua P.S. Case No.178/2020, whereby the respondents-accused have been acquitted by the learned Trial Court.
2. Heard Mr. Mahendra Thakur, learned Advocate for the appellant-informant and Mr. Satya Narayan Prasad, learned APP for the Respondent-State.
3. Mr. Mahendra Thakur, learned Advocate for the appellant-informant would mainly submit that the FIR being Gurua P.S. Case No.178/2020 was registered under Sections 341/323/302/504/34 of the Indian Penal Code as well as under Sections 3/4 of the Prevention of Witch Practices Act against the present respondents-accused. It has been mainly alleged by the informant in the FIR that on 03.08.2020, at about 04:15 p.m., her daughter Nirmala Kumar was returning from a Devi temple after offering her prayer. Pratima Kumari of her village star
The appellate court upheld the acquittal, emphasizing that the prosecution failed to establish guilt beyond reasonable doubt, highlighting the presumption of innocence.
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.
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 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.
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 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 presumption of innocence must prevail in appeals against acquittal, requiring compelling evidence to overturn a trial court's decision.
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