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IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M.PANCHOLI, SUNIL DUTTA MISHRA
Basanti Devi Wife of Raghu Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and factual background. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by appellant and respondent. (Para 5 , 6) |
| 3. court's analysis on evidence and contradictions. (Para 7 , 8 , 17 , 18 , 19 , 20 , 21) |
| 4. established principles regarding appeals against acquittal. (Para 22 , 23 , 24) |
| 5. conclusion with dismissal of the appeal. (Para 26) |
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. The informant has preferred the present appeal under Section 413 of Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS ) against the judgment of acquittal dated 15.01.2025 passed by the court of learned Addl. Sessions Judge-XVIth, Gaya in Sessions Trial No. 156 of 2024 (arising out of Paraiya P.S. Case No. 279 of 2023), whereby the learned Trial Court has acquitted respondent No. 2 of all the charges levelled against him.
2. The prosecution case, in a nut shell, is as under:-
2.1. The informant Basanti Devi, W/o-Late Raghu Yadav recorded her fardbeyan before Paraiya P.S. stating that on 19.07.2023 at about 08:00 p.m. she, her daughter-in-law, namely Arpan Devi, and husband Raghu Yadav were going to their new house from the old one. When they reached near th
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 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.
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 appellate court upheld the acquittal, emphasizing that the prosecution failed to establish guilt beyond reasonable doubt, highlighting the presumption of innocence.
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 prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
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