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HIGH COURT OF GUJARAT
HEMANT M. PRACHCHHAK
State of Gujarat – Appellant
Versus
Ashwinkumar Takhatsinh Parmar – Respondent
JUDGMENT :
1. Present appeal is filed by the appellant – State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the impugned judgment and order dated 29.11.2007 passed by the learned Additional District Judge, Fast Track Court No.7, Vadaodara (hereinafter be referred to as “the trial Court”) in Sessions Case No. 145 of 2006 below Exh. 74 whereby the trial Court has acquitted the accused persons for the offences punishable under Sections 498(A), 306 etc. of the Indian Penal Code (hereinafter referred to as the "IPC") read with the provision under Sections 3 and 7 of the Dowry Prohibition Act.
2. Brief facts of the present case, in nutshell, are as under:-
2.1 The daughter of the complainant namely Shakuntlaben @ Nishaben married with accused No.1 in 2003 and after her marriage Shakuntlaben (hereinafter referred to as "deceased") was residing in her matrimonial home. During the said wedlock, she delivered a male child namely Dhruv. After her marriage, she frequently visited her parental home and intimated about ill-treatment / harassment caused by the accused persons to her on account of the dowry and other household work.
2.2 It is specific case of the pro
The prosecution must prove guilt beyond reasonable doubt; mere allegations are insufficient for conviction, reinforcing the presumption of innocence for the accused.
The prosecution must prove charges beyond reasonable doubt; acquittal is upheld when evidence does not convincingly establish guilt.
The prosecution must prove guilt beyond reasonable doubt, and acquittals carry a double presumption of innocence, requiring strong grounds for reversal.
The appellate court reaffirmed that acquittal carries a double presumption of innocence, emphasizing the requirement of proving guilt beyond a reasonable doubt, with significant evidence contradictio....
The acquittal of the accused was upheld as the prosecution failed to provide sufficient evidence to prove the allegations of cruelty and dowry demands.
The appellate court upheld the trial court's acquittal of respondents due to insufficient evidence of cruelty and abetment of suicide, emphasizing the presumption of innocence and the need for substa....
In acquittal appeals, the appellate court must respect the presumption of innocence and only interfere if the trial court's conclusions are unreasonable or perverse.
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
Point of law: In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power....
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