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S. H. VORA, SANDEEP N. BHATT
State Of Gujarat – Appellant
Versus
Hira @ Hirko Amrabhai – Respondent
JUDGMENT :
SANDEEP N. BHATT, J.
1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 07.11.1998 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case No.152 of 1996 for the offences under Sections 148 & 149 read with Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act, the applicant – State of Gujarat has preferred this appeal as provided under section 378(1)(3) of the Code of Criminal Procedure, 1973 (“the Code” for short) inter alia challenging the judgment and order of acquittal in favour of the respondents accused.
2. The case of the prosecution is as under :
2.1 On 23.06.1996 at about 2:00 a.m., one Atul Nathwani, who happened to be the friend of Mahesh – deceased, has come to the house of the complainant and told that, someone has given knife blow to Mahesh and he was lying on the road near Musafarkhana in bleeding condition. Therefore, the complainant – Sureshkumar Durlabhji Ghutla, one Manoj and his father immediately rushed there and taken the deceased to the hospital in rickshaw, where the Doctor has declared him – Mahesh dead. Thereafter, the complainant lodged the complaint with regard to the inc
The appellate court cannot substitute its own view in an acquittal appeal unless the findings of the trial court are demonstrably unsustainable.
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.
While dealing with judgment of acquittal, unless reasoning by learned trial Court is found to be perverse, acquittal cannot be upset. It is further observed that High Court's interference in such app....
The appellate court upheld the acquittal of the accused, emphasizing the presumption of innocence and the importance of reliable evidence for a conviction.
The prosecution must prove the intention or knowledge of the accused beyond reasonable doubt, and the absence of substantial evidence can lead to acquittal.
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