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RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Shirinben Murtuja Bhabharawala – Respondent
JUDGMENT :
1. This Appeal is filed by the appellant under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 15.06.2006 passed by the learned Special Judge, Dahod in Special Atrocity Case No.4 of 2006 whereby the learned Special Judge has acquitted the respondents – original accused from the charges levelled against them for the offences under Sections 452, 427, 504, 506(2) and 114 of Indian Penal Code, 1860 (‘the IPC’) and under sections 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (the Atrocity Act’).
2. The prosecution case, in nutshell, is that on 13.12.2004, when complainant Narsinhbhai Manabhai Bhabhor was at his workplace, the respondent No.1, who resided on the first floor of the work place, threw garbage and dirty water from above, from which dirty water was fall on complainant. Therefore, complainant has scolded Shirinben. After that, respondent No.1 – Shirinben and her son respondent No.2 – Mustufa abused the complainant in filthy language relating to his caste and insulted the complainant in public.
2.1. It is further the case of the prosecution that after abusing the complainant, respon
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the necessity for the prosecution to prove guilt beyond reasonable doubt.
The appellate court must respect the presumption of innocence and the trial court's findings unless they are perverse or illegal, reaffirming the high burden of proof required in criminal cases.
The appellate court affirmed the trial court's acquittal, emphasizing the necessity of substantial evidence for conviction and the presumption of innocence for the accused.
An appellate court must respect the presumption of innocence and should not interfere with an acquittal unless there is manifest illegality or perversity in the trial court's judgment.
The appellate court must respect the presumption of innocence and not overturn acquittals unless the trial court's conclusions are unreasonable or unsupported by evidence.
An acquittal by a trial court should not be overturned unless the findings are perverse, and the burden of proof lies on the prosecution to establish guilt beyond reasonable doubt.
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