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HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Chaudhari Madhabhai Shankarbhai – Respondent
JUDGMENT :
1. Present Appeal under Section 378(1)(3) of the Code of Criminal Procedure ("Cr.P.C." for short) is filed by the appellant-State of Gujarat against the judgment and order of acquittal dated 27.12.2004 passed by learned Additional Sessions Judge, Fast Track Court No.2, Gandhinagar (hereinafter be referred to as "trial Court") in Sessions Case No.71 of 2004, whereby the trial Court has acquitted the respondents herein - original accused persons from the charges levelled against them under Sections 366, 368, 493, 498, 384 and 114 of the Indian Penal Code (“IPC” for short).
2. It is the case of the prosecution that the complainant had married with one Bhikhiben Shankarbhai Chaudhari before 20 years and by the said wedlock Bhikhiben delivered two children namely Nilam and Jemini.
2.1 It is further case of the prosecution that the brother of the complainant namely Babubhai was residing in Bombay with his family. Babubhai had married with sister of the Bhikhiben. Since there was a dispute between Babubhai and his wife, the Babubhai had given divorce and because of that dispute, the brother of Bhikhiben i.e. respondent No.1 came to the house of the complainant along with other per
The appellate court must respect the trial court's acquittal unless there is a clear error, reaffirming the presumption of innocence.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.
The prosecution must prove charges beyond reasonable doubt; acquittal is upheld when evidence does not convincingly establish guilt.
The appellate court upheld the presumption of innocence and confirmed the acquittal, stating the prosecution failed to prove charges beyond reasonable doubt.
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.
The appellate court must uphold acquittals unless there is clear error in the trial court's evaluation of evidence, respecting the presumption of innocence.
The appellate court upheld the trial court's acquittal of respondents due to insufficient evidence of cruelty and abetment of suicide, emphasizing the presumption of innocence and the need for substa....
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