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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., BIBHU DATTA GURU
Anil Khandelwal S/o Late Dashrath Lal Khandelwal – Appellant
Versus
State Of Chhattisgarh Through - Station House Officer – Respondent
| Table of Content |
|---|
| 1. filing of acquittal appeals against the same judgment. (Para 1 , 2 , 3) |
| 2. details of the prosecution's case and evidence presented. (Para 4 , 5 , 6) |
| 3. arguments of the parties regarding the trial court's judgment. (Para 10 , 11 , 12) |
| 4. criteria for appellate review of acquittal judgments. (Para 14 , 15 , 16 , 18 , 19 , 20) |
| 5. court's conclusion on the adequacy of evidence and credibility of witnesses. (Para 36 , 37 , 38 , 39 , 40) |
| 6. final ruling on conviction and sentencing. (Para 41 , 42 , 43) |
JUDGMENT :
Ramesh Sinha, C.J .
1. Appellant Anil Khandelwal has filed Acquittal Appeal No.84/2016 under Section 372 of the CrPC against the impugned judgment of acquittal dated 16.05.2016 passed by the Third Additional Sessions Judge, Bilaspur in Sessions Case No.63/2014, whereby the trial Court has acquitted respondents No.2 and 3 from the offence punishable under Sections 455, 394, 307, 302 and 201 of the IPC.
2. Appellant-State has filed Acquittal Appeal No.31/2017 under Section 378(1) of the CrPC against the impugned judgment of acquittal dated 16.05.2016 passed by the Third Additional Sessions Judge, Bilaspur in Sessions Case No.63/2014, whereby the trial Court has acquitt
The appellate court must respect the trial court's credibility assessments unless found to be perverse, while overturning acquittals requires strong evidence and cannot merely rely on the possibility....
The prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime charged.
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
The appellate court upheld the acquittal due to serious flaws in the Test Identification Parade, emphasizing the presumption of innocence and the need for clear evidence of guilt.
In acquittal appeals, interference only if perverse or ignoring evidence; dock identification without prior TIP insufficient for unknown accused, combined with investigative lapses like unexplained a....
Murder – Identification of accused in Court is acceptable without prior TIP and absence of TIP may not be fatal for prosecution.
The prosecution must prove the case beyond reasonable doubt, and the absence of corroborative evidence and contradictions in witness testimonies can impact the outcome of the case.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
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