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BIREN VAISHNAV, MAULIK J. SHELAT
STATE OF GUJARAT – Appellant
Versus
MOHAN PALA HARIJAN – Respondent
JUDGMENT :
MAULIK J. SHELAT, J.
1. The present Acquittal Appeal has been filed under Section 378 of Code of Criminal Procedure, 1973, challenging the judgment and order dated 26.02.1997 passed by Additional Sessions Judge (Court No. 1), Bhuj at Kutch in Session Case No. 9 of 1996. 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, 363 and 366 read with Section 34 of the Indian Penal Code, 1860.
2. Respondent no. 2-Original accused no. 2, Raja Teja Harijan has been reportedly died and therefore, this Court vide its order dated 01.08.2022 directed abatement of the appeal qua respondent no. 2-original accused no. 2.
3. The short facts of the prosecution case are as under:
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.
The appellate court upheld the acquittal of the accused due to insufficient evidence and contradictions in witness testimonies, reinforcing the presumption of innocence.
The prosecution failed to prove the guilt of the accused beyond reasonable doubt, leading to the upholding of the acquittal.
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....
The acquittal of accused in a murder case was upheld as the prosecution failed to prove guilt beyond reasonable doubt, highlighting the importance of credible evidence in criminal proceedings.
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 must respect the presumption of innocence and the trial court's findings unless there is a clear error or perverse conclusion in acquittal cases.
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 charges beyond reasonable doubt; acquittal is upheld when evidence does not convincingly establish guilt.
The appellate court upheld the acquittal due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.
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