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HEMANT M. PRACHCHHAK
STATE OF GUJARAT – Appellant
Versus
SABNAM @ SABU FAROOKHBHAI AMIN – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
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 dated 27.7.2010 passed by the learned Special Judge, (Atrocity) (“Special Court” for short) in Atrocity Case No. 13 of 2009, whereby the Special Court has acquitted the respondent accused from the charges levelled against her under Sections 323, 294(b) of the Indian Penal Code and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, (“Atrocity Act” for short).
2. It is the case of the prosecution that on 31.10.2007 at about 8.00 hrs. some hot altercation took place between the complainant and accused and because of such altercation, the present respondent got exited and gave kick and fist blows on the stomach of the complainant/informant-Manjulaben Amratbhai Parmar and insulted her by her caste and community. In such circumstances, the daughter of informant tried to intercept and intervene in the quarrel. Due to injury, the informant felt unconscious and thereafter, she was taken to the Civil Hospital whereby, she was examined and treated by
The appellate court cannot overturn an acquittal unless it finds clear illegality or perversity in the trial court's judgment, reaffirming the presumption of innocence.
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 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 presumption of innocence and confirmed the acquittal, stating the prosecution failed to prove charges beyond reasonable doubt.
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....
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.
In acquittal appeals, the prosecution must prove guilt beyond reasonable doubt; mere contradictions in witness testimonies do not suffice to overturn a trial court's acquittal.
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....
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