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BIREN VAISHNAV, MAULIK J. SHELAT
State Of Gujarat – Appellant
Versus
Mohanbhai Galabhai Chauhan – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. This Criminal Appeal has been filed by the State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order passed by the learned Additional Sessions Judge, Palanpur, acquitting the respondents in Sessions Case No.62 of 1996 on 13.06.1997. The respondent was accused for the offenses punishable under Sections 376, 342, 323, 427, 201 and 506(2) of the Indian Penal Code.
2. Brief case of the prosecution case is as under:
2.1 It is the case of the prosecution that on 02/02/1996 the prosecutrix would take divorce from the respondent accused person, had gone to the house of the respondent accused i.e. her ex-husband for taking her belongings and at that relevant point of time, the accused person had assaulted the prosecutrix, torn her clothes after removing the same and committed the offence of rape on her by saying that though the respondent accused had given divorce to the prosecutrix, however, still there are husband and wife. After committing the offence of rape, the clothes of the prosecutrix were burnt by the respondent accused person and the prosecutrix was kept in room by locking the room and she was threatened that if s
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 importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
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 acquittal due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.
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.
Point of Law : The law on the issue is well settled that demand of illegal gratification is sine qua non for constituting an offence under the 1988 Act. Mere recovery of tainted money is not sufficie....
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
The judgment emphasizes the need for substantive evidence and highlights that suspicion cannot substitute proof. It also underscores the importance of scrutinizing circumstantial evidence in a carefu....
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