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BIREN VAISHNAV, MAULIK J. SHELAT
STATE OF GUJARAT – Appellant
Versus
CHAVDA JAHUJI MANAJI – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. This Criminal Appeal has been filed by the Appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order passed by the learned Additional Sessions Judge, Mehsana, camp at Patan in Sessions Case No. 86 of 1993 on, 31.12.1996, whereby, the learned Trial Court has acquitted the respondents-accused for the offences punishable under Sections 147, 148, 302, 323, 325, 337 read with section 149 on Indian Penal Code and under section 135 of Bombay Police Act. So far as the facts are concerned, the respondents are hereinafter referred to as the accused for the sake of convenience/clarity and brevity.
2. Brief case of the prosecution case is as under:
The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence for conviction and the presumption of innocence in criminal cases.
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 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 uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
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 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 upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
The appellate court must uphold a trial court's acquittal unless it is proven to be perverse or unsustainable, emphasizing the presumption of innocence.
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