Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
State of Gujarat – Appellant
Versus
Pravinbhai Ishwarbhai Bhagat – Respondent
JUDGMENT :
S.V. PINTO, J.
1. The appeal is 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 the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 5, Vadodara (hereinafter referred to as “the learned Trial Court”) in Atrocity Case No. 49/2009 on 01.04.2011, whereby, the learned Trial Court has acquitted the respondents extending benefit of doubt for the offence punishable under Sections 323 , 504 and 114 of IPC and Section 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocity Act” for short).
1.1 During the pendency of the appeal, the respondent no. 1 had expired and hence, by an order dated 25.11.2024, the appeal qua the respondent no. 1 was abated.
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 18.09.2009, the complainant - Vijaybhai Bhailalbhai Vasava went along with his nephew - Alpeshbhai
The presumption of innocence reinforces the justification for acquitting the accused, highlighting that prosecution must prove its case beyond reasonable doubt.
In acquittal cases, the appellate court must respect the presumption of innocence and only intervene if the trial court's conclusions are unreasonable or unsupported by evidence.
In acquittal appeals, the presumption of innocence is paramount; the appellate court must confirm that the trial court's decision was based on reasonable evidence before interfering.
In acquittal appeals, courts maintain a presumption of innocence, only reversing if the trial court's conclusions are unjustifiable based on the evidence presented.
The appellate court will not overturn an acquittal unless the trial court's decision is unreasonable or perverse, reinforcing the presumption of innocence.
The appellate court should not interfere with an acquittal if the trial court's findings are plausible and supported by the evidence, maintaining the presumption of innocence.
The court upheld the presumption of innocence, affirming that a reasonable doubt in prosecution evidence justifies acquittal, and appellate review should respect trial court findings unless perverse.
The appellate court must respect the trial court's acquittal unless the judgment is perverse or unreasonable, emphasizing the presumption of innocence and the prosecution's burden to prove guilt beyo....
The appellate court upheld the presumption of innocence, stating that acquittals should not be disturbed unless the trial court's judgment is unreasonable.
An acquittal can only be overturned on appeal if the trial court's judgment was unreasonable or unsupported by the evidence, emphasizing the presumption of innocence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
