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ASHOKKUMAR C. JOSHI
State of Gujarat – Appellant
Versus
Nazmaben W/o Nasirbhai – Respondent
JUDGMENT :
1. The present Appeal is directed against the impugned judgment and order in Sessions Case No. 60 of 2005 by the learned Presiding Officer & Additional Sessions Judge, 6th Fast Track Court, Gondal, Camp at Jetpur dated 23.5.2007 recording acquittal for the charges under Sections 504, 506, 323, 114, 143, 147 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").
2. The facts of the case briefly are that the complainant Labhuben wife of Kalubhai Sitapara lodged complaint before Jetpur Police Station being I-CR No. 88 of 2005 for the offences punishable under Sections 143, 147, 504, 506, 323, 114 of the Indian Penal Code and Section 3(1)(10) of the Atrocities Act. The case of the prosecution is that on 3.5.2005, at about 19:15 hours, complainant Labhuben wife of Kalubhai Sitapara, residing at Champrajpur, gave typed complaint at jetpur Taluka Police Station. The further case of the prosecution is that at about 4:00 pm, the complainant went to village reservoir for fetching drinking water, at that time Najmaben, Roshanben, Banuben case there and threw away
It is settled law that if main grounds on which lower Court has based its order acquitting accused are reasonable and plausible, and same cannot be entirely and effectively be dislodged or demolished....
The appellate court's power to review evidence in acquittal appeals is extensive but should be exercised cautiously, with due consideration to the presumption of innocence and the trial court's findi....
Point of law : It is true that the High Court would not reverse an order of acquittal merely on formation of an opinion different than that of the trial Court. It is also trite in law that the High C....
The appellate court's power to review evidence in acquittal appeals is limited, and interference is justified only in exceptional cases with compelling circumstances and when the judgment under appea....
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