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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State of Gujarat – Appellant
Versus
Koli Dungarbhai Khegarbhai – Respondent
| Table of Content |
|---|
| 1. incident description and complaint (Para 2) |
| 2. prosecution's argument on evidence (Para 3) |
| 3. review of evidence and witness statements (Para 4 , 5 , 6 , 7 , 8) |
| 4. justification of acquittal (Para 9 , 10 , 11) |
| 5. confirmation of acquittal (Para 12 , 13) |
JUDGMENT :
1.1 The respondent is hereinafter referred to as the accused in the rank and file as he stood in the original case for the sake of convenience, clarity and brevity.
2.1 That on 02-09-2004, the complainant Hirabhai Khetabhai Parmar was going from the house of the Sarpanch and in the main Bazar, the accused was standing with a stick in his hand and while the complainant pass by, the accused started abusing the complainant and used caste-slurs and threatened to kill him and held his hair and dragged him, as a result of which, the complainant sustained abrasion on the elbow of his left hand. That Dhirajlal Nagardas, Goga Dayaram and Kavabhai Jodhabhai Bharwad came and did not allow the accused to beat him and the released the accused. Both of them went away to their respective houses. That after some tome, once again, the accused came to the house of the complainant and abused him and at that time his wife and Kav
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.
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.
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the necessity for the prosecution to prove guilt beyond reasonable doubt.
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.
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 must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
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....
The judgment underscores the principle of presumption of innocence, the requirement for clear and convincing evidence to establish guilt, and the reluctance to disturb a finding of acquittal without ....
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