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State Of Gujarat – Appellant
Versus
Laljibhai Ajubhai Khatana(Rabari) – Respondent
JUDGMENT :
1. In pursuance to the non-bailable warrant directed to be issued, the respondent - original accused is produced before the Court.
2. The matter is of 2008 and accordingly, is taken up for final hearing.
3. This appeal is filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 16.10.2007, passed in Special Case No. 25 of 2005 by the learned Additional Sessions Judge and Special Judge, Dhrangadhra, recording the acquittal.
4. Facts in brief are that on 07.03.2005, the respondent - accused, gave filthy abuses to the complainant and also insulted him of his caste and threatened the complainant to done to death for hiring passengers in his Chhokado rickshaw and thereby, committed the offence punishable under Section 504 and 506(2) of the Indian Penal Code, 1860 (IPC) and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (Atrocity Act) for which, FIR came be to registered against him.
4.1 Upon FIR being filed, investigation started and the Investigating Officer recorded statements of several witnesses and produced certain documentary evidence and after comp
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....
Point of Law : It is cardinal principle of criminal justice system that when there is satisfactory explanation for non-examination of independent witnesses, conviction can be based solely on the test....
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....
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 presumption of innocence in favor of the accused is reinforced by the trial court's acquittal, and appellate courts should only interfere with an order of acquittal in exceptional cases with comp....
The judgment emphasizes the need for compelling circumstances and the perversity of the lower court's decision to interfere with an order of acquittal, citing specific cases to support the legal prin....
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