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MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Manju Devi – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present appeal has been preferred under Section 413 of the Bhartiya Nagrik Suraksha Sanhita, 2023 against the judgment of acquittal dated 30.10.2024, passed by the learned Court of District and Additional Sessions Judge-XIX, Sasaram, Rohtas in Sessions Trial No. 527/2022 (arising out of Bikramganj P.S. Case No. 7/2022), whereby and whereunder the Respondents No. 2 and 3 have been acquitted by the learned Trial Court from the charges levelled against them under Section 307/34, Section 302/34 and Section 120(B) of the Indian Penal Code (hereinafter referred to as “the I.P.C.”) and Section 27 of the Arms Act.
2. By an order dated 17.9.2025, the records of the learned Trial Court were called for, which have duly been received on 08.10.2025.
3. The case of the prosecution in brief, as per the fardbeyan of Himanshu Kumar @ Pradeep Rao recorded by the Police Inspector-cum-S.H.O., Bikramganj Police Station at 9.05 am on 07.1.2022 at Karuna Hospital I.C.U., Bikramganj, Ara Road is that on the previous day i.e. 06.1.2022 at about 7:30 in the evening, when he was at his house situated at Krishnanagar Ward No. 7, Bikramganj, his deceased friend, namely Rahul Kumar @ Bant
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 must respect the presumption of innocence and the trial court's findings unless there is a clear error or misreading of evidence.
The appellate court upheld the presumption of innocence and confirmed the acquittal, stating the prosecution failed to prove charges beyond reasonable doubt.
The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
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