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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
State Of Gujarat – Appellant
Versus
Kanjibhai Bhurabhai Kateshiya Satvara – Respondent
JUDGMENT :
S.V. PINTO, J.
1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned and Special Judge and 3rd Additional Sessions Judge, Jamnagar (hereinafter referred to as “the learned Trial Court”) in Special (GEB) Case No. 297/2014 on 29.09.2015, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Section 135 of The Indian ELECTRICITY ACT , 2003.
1.1 The respondent is hereinafter referred to as “the accused” as he stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:
2.1 On 10.01.2006, D. K. Jethwa - Junior Engineer, Industrial Sub-Division PGVCL, Jamnagar, M. J. Parmar - Helper, Industrial Sub-Division PGVCL, Jamnagar and M. H. Pancholi - Helper, Industrial Sub-Division PGVCL, Jamnagar had checked the house of the accused at Khamirana village and they found that the accused had fixed a yellow colour service wire to the low tension electricity line on the pole and with a black colour cable had joined the submersible motor and was usi
In acquittal appeals, the presumption of innocence remains unless the trial court's judgment is proven perverse or illegal, emphasizing the necessity for the prosecution to prove charges beyond reaso....
In appeal against acquittal, the prosecution must prove guilt beyond reasonable doubt; failure to do so warrants affirmation of the trial court's judgment.
The acquittal was upheld due to insufficient evidence and procedural lapses in the prosecution's case, reaffirming the principle of presumption of innocence in criminal law.
In appeals against acquittals, courts must uphold the presumption of innocence unless a lack of evidentiary support leads to a manifest error in the trial court's judgment.
An appellate court may review evidence in acquittal appeals but must respect the presumption of innocence and not interfere unless there is clear illegality or perversity in the trial court's judgmen....
The appellate court upheld the trial court's acquittal, emphasizing that the prosecution failed to prove the case beyond a reasonable doubt and that procedural errors existed in filing the complaint.
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the prosecution's failure to prove the case beyond reasonable doubt.
An appellate court can review evidence in acquittal appeals but must respect the presumption of innocence and the trial court's findings unless there is clear illegality or perversity.
An appellate court may review evidence in acquittal cases but should not overturn unless there is clear illegality or lack of evidence supporting the conviction.
In appeals against acquittal, the court must show compelling reasons to overturn the acquittal, favoring the principle of presumption of innocence and the need for conclusive evidence.
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