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ASHOKKUMAR C. JOSHI
State of Gujarat – Appellant
Versus
Udaji Jalamji Darbar – Respondent
JUDGMENT :
1. Heard learned APP Ms. Maithili Mehta for the appellant – State at length. Though rule is served upon the respondent but none is present for the respondent. Since the matter is of the year 2010, the Court has proceeded with the matter.
2. The State has filed this acquittal appeal challenging the judgment and order dated 23.03.2010 passed by the learned Additional Sessions Judge & Presiding Officer, Fast Track Court, Deesa camp at Diodar, in the Special Case No. 111 of 2009 for the offences punishable under Sections 504 and 323 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. The brief facts of the case are that on 20.12.2008 at about 18:15 hours, at village – Valadar, the present accused by keeping grudge against the complainant- Popatbhai Nagjibhai Dalit as he was walking without any garment on mouth, the accused abused against his mother and sister and also caused hurt to him intentionally by inflicting iron pipe blow on his back side and on the left leg and also insulted him in public by uttering words against his caste and therefore the complaint was lodged by the complainant. That, aft
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....
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 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....
The presumption of innocence in favor of the accused and the need for compelling circumstances to interfere with an order of acquittal.
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 presumption of innocence, the reluctance to interfere with an order of acquittal unless there are compelling circumstances, and the duty of the appellate court to reappreciate the evidence and ar....
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