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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Md. Momin Ali – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of the criminal case and background. (Para 1 , 2 , 3) |
| 2. arguments presented by the appellant's counsel. (Para 4 , 5 , 6) |
| 3. court's observations regarding evidence. (Para 7 , 8 , 9) |
| 4. analysis of evidence and witness credibility. (Para 10 , 11 , 12 , 13 , 14) |
| 5. court's conclusion on the prosecution's failure. (Para 15 , 16) |
| 6. final order of dismissal of the application. (Para 17 , 18 , 19) |
Judgement :
CHAITALI CHATTERJEE DAS, J.
1. This criminal revisional application filed under Section 401 read with Section 482 of the Code of Criminal Procedure against the judgement and order dated 30th April,2007 passed by the Learned Additional Session Judge, Islampur, Uttar Dinajpur in sessions case No. 47 of 2002 whereby passed an order of acquittal against the Opposite Party No 2 to 14 from the charges under Section 326/304 (part-I)/34 of Indian Penal Code and under Section 374 of the Explosive Substance Act and under Section 10 of Maintenance of Public Order Act. At the outset it is to be noted that during pendency of this appeal the Opposite Party No. 4,5, 6 expired and the appeal stood abated against them vide order darted 6th of May,2024 passed by a co-ordinate
The prosecution must prove charges beyond reasonable doubt; lack of consistent evidence and contradictions in testimony justify upholding an acquittal.
Power of High Court is very limited and as a general rule the High Court will not interfere in revision against the order of acquittal unless there is a gross error of law.
An appellate court may not disturb a trial court's acquittal unless the latter's judgment is unreasonable or perverse, emphasizing the presumption of innocence.
The need for consistent and credible witness testimonies to establish guilt, and the limited scope of interference by the appellate court in case of acquittal.
The appellate court upheld the trial court's acquittal due to unreliable evidence and inconsistencies in eyewitness testimonies, reaffirming the presumption of innocence and caution in overruling pos....
The appellate court must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
The judgment underscores the high standard of proof required in criminal cases, the presumption of innocence in favor of the accused, and the limited scope of appellate review in acquittal appeals.
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