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BIREN VAISHNAV, MAULIK J. SHELAT
STATE OF GUJARAT – Appellant
Versus
INDRASINH AJITSINH ZALA – Respondent
JUDGMENT :
MAULIK J. SHELAT, J.
1. The present Acquittal Appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 30.11.2002 passed by learned Sessions Judge, Surendranagar in Session Case No. 12 of 1998. The State is in appeal before us. By way of the impugned judgment and order, the accused have been acquitted of all the charges levelled against them under Sections 143, 147, 302, 498(a) and 304-B read with Section 34 of the Indian Penal Code, 1860.
2. The short facts of the prosecution case are as under:
2.2 On August 22, 1997, all the accused formed an unlawful assembly and tortured Jyotsnaba. With the co
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The appellate court must respect the presumption of innocence and the trial court's findings unless there is a clear error or perverse conclusion in acquittal cases.
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The appellate court reaffirmed that acquittal carries a double presumption of innocence, emphasizing the requirement of proving guilt beyond a reasonable doubt, with significant evidence contradictio....
The appellate court upheld the acquittal, emphasizing the necessity of proving guilt beyond a reasonable doubt and respecting the presumption of innocence.
The appellate court upheld the acquittal, emphasizing the prosecution's failure to establish guilt beyond reasonable doubt due to contradictions in witness testimonies and lack of direct evidence.
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing 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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