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A. Y. KOGJE, SAMIR J. DAVE
Shaileshbhai Vitthalbhai Dobariya – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Justice A.Y. Kogje, J.
1. This appeal is filed challenging the judgment and order dated 09.06.2023 passed by the 2nd Additional Sessions Judge, Visavadar in Sessions Case No.01 of 2020, by which the respondent-accused has been acquitted of the charges under Sections 307, 323 and 326 of the Indian Penal Code and Section 135 of the Gujarat Police Act. The said acquittal is on the basis of benefit of doubt.
2. Learned advocate Mr.V.A.Zala appearing for the appellant-original complainant has submitted that while recording the acquittal, the Sessions Court has not taken into consideration the evidence available on the record, particularly recovery of the Shovel (Pavdo) which had the blood stains of the victim and the same was supported by the FSL report which has confirmed the blood stains belonging to the victim’s blood group on the Shovel. Learned advocate submitted that the trial Court has not taken into consideration the medical evidence, wherein the medical officers have deposed that the injury caused on the body of the injured is possible by inflicting a blow of the weapon (Shovel).
2.1 Learned advocate has also submitted that the Court has not taken into consideration that
The acquittal of the accused was upheld due to insufficient evidence and the principle of presumption of innocence in criminal jurisprudence.
The main legal point established in the judgment is that in an appeal against acquittal, the appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable....
An acquittal carries a double presumption of innocence, and the appellate court must not disturb findings unless clear error is established.
The appellate court upheld the presumption of innocence, emphasizing the need for credible evidence linking the accused to the crime, ultimately dismissing the appeal against acquittal.
The judgment reinforces the principle of presumption of innocence and the requirement for clear and convincing evidence to establish guilt, emphasizing the reluctance to disturb a finding of acquitta....
Acquittal cannot be disturbed unless the trial court's findings are perverse or not supported by evidence; proof beyond reasonable doubt is essential.
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 can only overturn an acquittal if it finds that the prosecution's evidence was conclusive in establishing the accused's guilt beyond reasonable doubt.
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