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S. H. VORA, NISHA M. THAKORE
State Of Gujarat – Appellant
Versus
Panchal Kanubhai Chunilal – Respondent
| Table of Content |
|---|
| 1. appeal of acquittal based on criminal charges. (Para 1 , 2 , 3) |
| 2. prosecution's reliance on witness credibility and evidence. (Para 4 , 10) |
| 3. court's scrutiny of evidence and contradictions. (Para 5 , 6 , 9 , 14 , 17) |
| 4. double presumption of innocence in acquittal appeals. (Para 13 , 18) |
| 5. responsibility of the prosecution to prove its case beyond reasonable doubt. (Para 19) |
JUDGMENT :
(Nisha M. Thakore, J.)
1. This is an appeal preferred by the State of Gujarat under Section-378 of the Code of Criminal Procedure, 1908 challenging the judgment and order of acquittal dated 4th April, 1995 passed by the learned Additional Sessions Judge, Vadodara in the Sessions Case No.140 of 1994. By the said judgment and order, the learned Sessions Judge has recorded order of acquittal of present respondent Nos. 1 and 2- original accused Nos.1 and 2 for the offence punishable under sections 302, 324, 114 of INDIAN PENAL CODE and Section 135 of the BOMBAY POLICE ACT .
2. The gist of the complaint given by Leelaben Mohanbhai Solanki (P.W. No.-1) wife of deceased Mohanbhai Bhupatbhai Solanki is that on 14.01.1994, the complainant was engaged in cooking and while she was inside her ho
The appellate court emphasized that acquittals carry a presumption of innocence and that conviction can be based on credible eyewitness testimony, even if it is the sole evidence.
The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
The appellate court upheld the acquittal of the accused, emphasizing the presumption of innocence and the importance of reliable evidence for a conviction.
(1) If a decision is arrived at on the basis of no evidence or thoroughly unreliable evidence and no reasonable person would act upon it, order would be perverse.(2) When there is a direct evidence i....
The appellate Court should be slow in reversing orders of acquittal, and there is a need for cogent and firm evidence to establish guilt. The interpretation of 'public view' under the Atrocity Act 19....
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