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HIGH COURT OF GUJARAT
S.V. PINTO
State of Gujarat – Appellant
Versus
Valkubhai Babubhaivala – 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 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 21.01.2010 in Sessions Case No.144 of 2008 passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track No.5, Rajkot (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondents – accused from the offences punishable under Sections 323, 324, 186 and 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and under Section 135 of the B.P.Act. The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.
2. During pendecy of the present appeal, the respondent No.1 – original accused No.1 Valkubhai Babubhai Vala has expired on 19.04.2023. Copy of the death certificate is produced and the same is taken on record, and hence, the present appeal qua respondent No.1 herein – original accused No.1 stands disposed of as infructuous.
3. The relevant facts leading to filing of the
An appellate court may review evidence in acquittal appeals but should not interfere unless there is manifest illegality or the trial court's judgment is 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 prevails, and the appellate court should only interfere if the trial court's conclusions are unreasonable or perverse.
In appeals against acquittal, conviction requires clear evidence; presumption of innocence is paramount, and acquittals should not be reversed without manifest illegality.
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.
In acquittal appeals, the appellate court must respect the presumption of innocence and the trial court's findings unless there is clear evidence of illegality or perversity.
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.
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.
The appellate court must respect the presumption of innocence and only overturn an acquittal if the trial court's decision is perverse or unreasonable.
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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