HIGH COURT OF GUJARAT
S.V. PINTO
Jeram @ Jerajbhai Karshanbhai – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
S.V. PINTO, J.
1. This appeal has been filed by the appellant- original complainant under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), Act, 1881 (hereinafter referred to as Atrocities Act) against the judgement and order of acquittal passed on 03/10/2023 by the learned Special Judge (ATRO) & 2nd Additional Sessions Judge, Morbi (hereinafter referred to as "the learned Trial Court") in Special (ATRO) Case No. 12 of 2016, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC) and Section 3(1)(r)(s), 3(2)(5-a) of the Atrocities Act .
1.1 The respondents are hereinafter referred to as the accused in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:
2.1 That the complainant Jerambhai @ Jerajbhai Karsanbhai Parmar has filed the complaint on 26-02-2016 at 23:30 Hrs., stating that at around 07:30 pm, on the same day, he was at the food grain shop of Hasubhai Savjibhai Chotaliya in
An appellate court must respect the presumption of innocence and should not interfere with an acquittal unless the trial court's conclusions are unreasonable or unsupported by evidence.
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.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of substantial evidence in cases of alleged caste discrimination.
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.
An appeal against acquittal should respect the presumption of innocence and not interfere if the acquittal is based on reasonable conclusions drawn from evidence.
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 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.
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.
In acquittal appeals, the presumption of innocence strengthens if the trial court finds the prosecution's evidence insufficient to prove guilt beyond a reasonable doubt.
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....
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