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BIREN VAISHNAV, MAULIK J. SHELAT
STATE OF GUJARAT – Appellant
Versus
NANUBHAI TALSIBHAI CHU. KOLI – 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 30.09.2002 passed by learned Sessions Judge, Surendranagar in Session Case No. 44 of 2001. 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 302 read with Section 114 of the Indian Penal Code, 1860.
2. The short facts of the prosecution case are as under:
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.
The appellate court upheld the acquittal of the accused due to insufficient evidence and contradictions in witness testimonies, reinforcing the presumption of innocence.
The appellate court upheld the acquittal due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity for clear evidence of guilt in criminal cases.
The appellate court upheld the acquittal, emphasizing that acquittals should not be disturbed unless there is clear evidence of guilt, reinforcing the presumption of innocence.
The appellate court must respect the presumption of innocence and the trial court's findings unless there is a clear error or misreading of evidence.
The appellate court confirmed that an acquittal reinforces the presumption of innocence and cannot be overturned unless found to be unreasonable or perverse, even if another view is possible.
The prosecution must prove guilt beyond a reasonable doubt; acquittal should not be disturbed unless clear error or perversity is shown.
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