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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PRADYUMAN @ BHAYLUBHAI RAMBHAI BASIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. The present Criminal Revision Application has been filed under Sections 438 and 442 of the BNSS, challenging the judgment and order dated 29.01.2022 passed by the learned Judicial Magistrate First Class, Vadia, in Criminal Case No. 81 of 2017, whereby the accused were acquitted of the charges under Sections 326, 325, 323, 143, 147, 148, 504, 506(2), and 135 of the Indian Penal Code.
2. Being aggrieved and the satisfied, the present applicant-original complainant has approached the learned Sessions Judge, Amreli by way of Criminal Appeal No.3 of 2023, which came to be preferred by the State Government and the same came to be dismissed vide order dated 30.05.2024 and acquittal recorded by the learned trial court is upheld and confirmed.
3. Being aggrieved and dissatisfied the same, the original complainant has filed Revision application.
4. It is the case of the applicant that on April 27, 2017, the applicant alleges that accused No.1 encroached upon Gauchar land and constructed a residential house. In retaliation for legal proceedings initiated by the complainant in the Amreli court, accused Nos.1 and 2, armed with an iron pipe, along with accused No.3, wielding a cable wire,
An accused is presumed innocent until proven guilty beyond a reasonable doubt, and acquittal should not be disturbed without cogent grounds.
The burden of proof lies with the prosecution, and any significant discrepancies or contradictions in evidence lead to the benefit of the doubt for the accused, which justifies acquittal.
The revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure is limited, and the court cannot interfere with concurrent findings of fact unless there is manifest illegalit....
Interference with orders of acquittal is not justified unless there is a manifest illegality or a grave miscarriage of justice.
An acquittal strengthens the presumption of innocence, and an appellate court can only overturn such a judgment if it finds that the trial court's conclusion was unreasonable or unsupported by eviden....
The trial court's acquittal based on technicalities disregarded substantial eyewitness and medical evidence, necessitating a retrial.
VERY In exercise of revisional jurisdiction under Section 401 Cr.P.C., 1973 against an order of acquittal at the instance of informant, the court exercises only a limited jurisdiction and it should n....
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