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A. Y. KOGJE, SAMIR J. DAVE
STATE OF GUJARAT – Appellant
Versus
MAHESHBHAI @ MAYURBHAI @ TAKO DHANJIBHAI SOLANKI – Respondent
JUDGMENT :
SAMIR J. DAVE, J.
1. This Appeal is filed under Section 378(1)(3) of the Code of Criminal Procedure against the judgment and order dated 17.06.2023 passed by the learned Sessions Judge, Surendranagar in Sessions Case No. 19 of 2019. By the impugned judgment and order, the respondent-original accused was acquitted of the offence under Section 302 of Indian Penal Code.
2. The facts of the prosecution case in brief are as under:
The appellate court upheld the acquittal due to insufficient evidence, emphasizing the presumption of innocence and the prosecution's burden to prove guilt beyond reasonable doubt.
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or fundamentally flawed, emphasizing the presumption of innocence and the burden of proof on the prosecu....
An appellate court must respect the presumption of innocence after an acquittal and may only intervene if the trial court's decision is perverse or unsupported by credible evidence, emphasizing the h....
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
An appellate court should not overturn an acquittal unless there is compelling evidence, respecting the presumption of innocence and the trial court's findings.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.
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