Back
HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Sanjaykumar Kantilal Parmar – Respondent
JUDGMENT :
(Hemant M. Prachchhak, J.)
1. The present appeal is filed by the appellant – State of Gujarat under Section 378(4) of the Code of Criminal Procedure, 1973 against the impugned judgment and order of acquittal dated 17.12.2011 passed by the learned 6th Additional Sessions Judge, Nadiad (hereinafter referred to as “the Trial Court”) in Criminal Appeal No.18 of 2011, whereby, the Trial Court has acquitted the original accused respondent herein for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code and under Sections 177, 184 and 134of the Motor Vehicle Act.
2. Brief facts of the present case, in nutshell, are as under:-
2.1 On the day of incident i.e., on 20.07.2005, the respondent-accused was playing Rickshaw bearing Registration No.GJ-7-2-Z-4897 loaded with passengers in a very rash and negligent manner. At that time, the respondent-accused dashed the said rickshaw to the complainant, as a result of which, he fell down and received injuries on his mouth. Thereby, the respondent-accused has committed alleged offences.
2.2 On the basis of the said incident, the FIR being C.R. No.I – 103/2005 came to be lodged with Mahudha Police Station for the of
The appellate court confirmed the acquittal, emphasizing the prosecution's failure to establish guilt beyond reasonable doubt, reinforcing 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 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 presumption of innocence and confirmed the acquittal, stating the prosecution failed to prove charges beyond reasonable doubt.
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 indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
