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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State of Gujarat – Appellant
Versus
Bhikhabhai Tapubhai Devipujak – Respondent
| Table of Content |
|---|
| 1. state's appeal against acquittal (Para 3) |
| 2. re-evaluation of evidence (Para 4) |
| 3. principles of appellate review (Para 5 , 6 , 7 , 8 , 9) |
| 4. appeal dismissed (Para 10 , 11 , 12) |
JUDGMENT :
2. The relevant facts leading to filing of the present appeal are as under:
2.2. After registration of the FIR, the investigation was carried out by the concerned Investigating Officer and after having sufficient material against the accused, the chargesheet came to be filed before the concerned jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions therefore, after completion of process under Section 209 of the Cr.P.C., the case was committed to the Sessions Court and the same was registered as Special S.C.S.T. Case No.23 of 2009.
2.4. After the closing pursis was submitted by the learned APP at Exh.26, the further statement of the accused under Section 313 of the Code was recorded. After hearing the arguments of the learned APP and learned advocate for the accused and after perusing the documents on record, the learned Trial Court, by the impugned judgment and order, has acquitted the accused for the offences punishable under Sections 323, 504 and 1
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.
The appellate court affirmed the trial court's acquittal, emphasizing the necessity of substantial evidence for conviction and the presumption of innocence for the accused.
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the necessity for the prosecution to prove guilt beyond reasonable doubt.
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.
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 must respect the presumption of innocence and the trial court's findings unless they are perverse or illegal, reaffirming the high burden of proof required in criminal cases.
The appellate court must respect the presumption of innocence and not overturn acquittals unless the trial court's conclusions are unreasonable or unsupported by evidence.
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....
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.
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