Back
HIGH COURT OF GUJARAT
S.V. PINTO, J
State of Gujarat – Appellant
Versus
Thakor Dashrathji Talaji – Respondent
JUDGMENT :
(S. V. PINTO, J.)
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 learned Additional Sessions Judge, Fast Track Court, Patan (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 39 of 2007 on 11.01.2008, whereby, the learned Trial Court has acquitted the respondent Nos. 2 to 4 for the offence for the offence punishable under Sections 498-A , 306 and 201 of the Indian Penal Code, 1860 ( IPC ) and also acquitted the accused No. 1 from the offence punishable under Section 306 of the IPC.
1.1] Learned APP has produced the report of Police Inspector V.J. Parmar, In-charge Police Inspector Chanasma Police Station, District: Patan mainly stating that respondent No. 3 Balaji Talaji Thakor has expired on 22-09-2013 during the pendency of the appeal and a copy of the death certificate along with the statements of Badevji @ Bijalji Talaji Thakur, Viramji Talaji Thakor and Shaileshji Balaji Thakor have been produced and the report is taken on record. As per the death certificate, respondent No. 3 - Balaji Talaji Thakor has expired on 22-09
The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence of abetment for conviction under Section 306 IPC.
The appellate court must respect the presumption of innocence and will not interfere with an acquittal unless the trial court's conclusions are unreasonable.
The appellate court must respect the presumption of innocence and the trial court's findings unless they are unreasonable or perverse, particularly in acquittal appeals.
In acquittal appeals, the appellate court must respect the presumption of innocence and not disturb an acquittal if plausible evidence supports the trial court's findings. Evidence of direct causatio....
In acquittal appeals, the appellate court must uphold the presumption of innocence and only interfere if the trial court's decision lacks a reasonable basis and is perverse.
The appellate court confirmed the acquittal, emphasizing the prosecution's failure to prove guilt beyond reasonable doubt and reinforcing the presumption of innocence for the accused.
The appellate court affirmed the trial court's acquittal, emphasizing the presumption of innocence and the necessity of proving abetment of suicide beyond reasonable doubt.
In acquittal appeals, unless strong reasons exist, courts maintain respect for the trial court's judgment when reasonable conclusions are possible, preserving the presumption of innocence for the acc....
In acquittal appeals, the appellate court must respect the presumption of innocence and not interfere unless the trial court's conclusions are unreasonable or perverse.
The appellate court cannot overturn an acquittal unless the trial court's decision is unreasonable or perverse, emphasizing the presumption of innocence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
