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NISHA M. THAKORE
State of Gujarat – Appellant
Versus
Rajeshkumar Bhikhabhai Patel – Respondent
JUDGMENT :
NISHA M. THAKORE, J.
1. The present appeal is filed at the instance of the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 directed against the impugned judgment and order of acquittal dated 1.10.2007 passed by Court of learned Special Judge, Panchmahals at Godhra in Special Case No. 16 of 2007 (Atrocity). By the said impugned judgment and order, the respondent nos. 1 and 2-original accused were acquitted for the offences alleged under Sections 323, 504 read with Section 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocity Act 1989”) and Section 135 of the Bombay Police Act.
2. In nutshell the facts giving rise to the present appeal are as under:
2.2. According to the case of the complainant
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....
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 : Where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of the evidence which is but barely possible, i....
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 judgment underscores the principle of presumption of innocence, the requirement for clear and convincing evidence to establish guilt, and the reluctance to disturb a finding of acquittal without ....
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