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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
State Of Gujarat – Appellant
Versus
Rajubhai Makanbhai Sanchaniya – Respondent
JUDGMENT :
1. This appeal has been filed by the appellant- State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by learned Special Judge & Additional Sessions Judge, Jamnagar (hereinafter referred to as "the learned Trial Court") in Special (GEB) Case No. 202 of 2014 on 30.01.2017 whereby, the learned trial Court has acquitted the respondent for the offence punishable under Section 135 of the Indian ELECTRICITY ACT , 2003 (hereinafter referred to as the Act).
1.1 During the pendency of this appeal, the respondent No. 2 expired and hence the appeal qua the respondent No. 2 was abated by an order dated 26.06.2025.
1.2 The respondents are hereinafter referred to as the accused in the rank and file as they 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 26-08-2004, the electricity meter of Tulsi Enterprise Industries, which belonged to the accused, was removed and thereafter, on 1-10- 2004, the officers of the Paschim Gujarat Vij Company Limited (hereinafter referred to as PGVCL) checked the electricity connectio
An appellate court cannot overturn an acquittal unless it finds that the trial court’s reasoning is unreasonable or not supported by evidence, maintaining a presumption of innocence for the accused.
The appellate court may review evidence in acquittal appeals but must respect the presumption of innocence and not disturb acquittals without compelling reasons.
In appeal against acquittal, the prosecution must prove guilt beyond reasonable doubt; failure to do so warrants affirmation of the trial court's judgment.
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.
In appeals against acquittal, the appellate court should defer to the trial court's findings unless compelling evidence of manifest error or illegality exists.
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 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.
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.
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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