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BIREN VAISHNAV, MAULIK J. SHELAT
STATE OF GUJARAT – Appellant
Versus
BAVBHAI SIDIBHAI NAT – Respondent
JUDGMENT :
MAULIK J. SHELAT, J.
1. The present Acquittal Appeal has been filed under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 18.09.2002 passed by learned Additional Sessions Judge (Fast Track Court), Amreli (hereinafter referred to as “the Trial Court”) in Session Case No. 125 of 2000. 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 him under Sections 302 of the Indian Penal Code, 1860 read with Section 135 of the Bombay Police Act.
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 misreading of evidence.
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 ....
The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
The appellate court upheld the acquittal of the accused due to significant contradictions in the victim's testimony and absence of supporting medical evidence, reinforcing the presumption of innocenc....
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
The prosecution must prove guilt beyond a reasonable doubt; acquittal should not be disturbed unless clear error or perversity is shown.
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 due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.
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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