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HIGH COURT OF GUJARAT
MS. JUSTICE S.V. PINTO, J
State of Gujarat – Appellant
Versus
Haresh @ Gopalbhai Jentibhai Umrethia Patel – Respondent
| Table of Content |
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| 1. incident involving slap and caste abuse (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
1. This appeal has been filed by the appellant- State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge & Additional Sessions Judge, Junagadh (hereinafter referred to as "the learned Trial Court") in Special (ATRO) Case No. 4 of 2008 on 01.04.2009, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323 , 504 and 114 of Indian Penal Code, 1860 (hereafter referred to as " IPC " for short) and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,1881.
2. The brief facts that emerge from the record of the case are as under:
2.2. The Investigating Officer recorded the statements of the connected witnesses and collected necessary documents and after completion of investigation the police filed chargesheet before the Court of Judicial Magistrate, Junagadh and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the
Appellate courts must not interfere with acquittals unless trial decisions are perverse, respecting innocence presumption and allowing reasonable alternative conclusions.
An appellate court may review evidence in acquittal cases but should not interfere unless the trial court's decision is unreasonable or perverse, maintaining the presumption of innocence.
In acquittal appeals, presumption of innocence is reinforced, and the appellate court should only interfere with the acquittal if the trial court's ruling is perverse or unreasonable based on the pre....
In appeals against acquittal, the appellate court must respect the presumption of innocence and only intervene if the trial court's decision is perverse or unsupported by evidence.
An appellate court has broad powers to review evidence in acquittal appeals but should exercise caution, respecting the presumption of innocence unless the trial court's conclusions are unreasonable.
The appellate court must respect the presumption of innocence and not interfere with an acquittal unless the trial court's decision is unreasonable or perverse.
An appellate court must respect the presumption of innocence and should not interfere with an acquittal unless there is manifest illegality or perversity in the trial court's judgment.
An appeal against acquittal should respect the presumption of innocence and not interfere if the acquittal is based on reasonable conclusions drawn from evidence.
An appellate court should not interfere with an acquittal unless the trial court's decision is perverse or lacks reasonable support from the evidence presented.
The appellate court may review evidence in acquittal appeals but should not reverse a trial court's acquittal unless the trial court's decision is unreasonable or perverse.
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