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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.Pinto
State of Gujarat – Appellant
Versus
Gafarsha Yushusha Divan – Respondent
JUDGMENT :
S.V. Pinto, J.
1. This appeal has been filed by the appellant- State under Section 3 78(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by learned 4th Additional Sessions Judge, Anand (hereinafter referred to as "the learned trial Court") in Sessions Case No. 95 of 2010 on 07.07.2012, whereby, the learned trial Court has acquitted the respondents for the offence for the offence punishable under Sections 4 98-A, 306 and 504 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as the IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the Act). 1.1 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] Jubedaben - the daughter of Ayubsha Rahimsha Diwan was married to the accused No. 1 and the accused No. 2 was the sister-in-law (sister of the husband) of Jubedaben. The accused used to often demand money from Jubedaben and the complainant Ayubsha Rahimsha Diwan had given some amount to the accused and
In acquittal appeals, unless strong reasons exist, courts maintain respect for the trial court's judgment when reasonable conclusions are possible, preserving the presumption of innocence for the acc....
The appellate court affirmed the trial court's acquittal, emphasizing the presumption of innocence and the necessity of proving abetment of suicide beyond reasonable doubt.
In acquittal appeals, the appellate court must respect the presumption of innocence and not interfere unless the trial court's conclusions are unreasonable or perverse.
In acquittal appeals, the appellate court must respect the presumption of innocence and not disturb an acquittal if plausible evidence supports the trial court's findings. Evidence of direct causatio....
The appellate court must respect the presumption of innocence and will not interfere with an acquittal unless the trial court's conclusions are unreasonable.
The appellate court must respect the presumption of innocence and the trial court's findings unless they are unreasonable or perverse, particularly in acquittal appeals.
The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence of abetment for conviction under Section 306 IPC.
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.
In acquittal appeals, the appellate court must respect the presumption of innocence and can only overturn the trial court's decision if it is unreasonable or perverse.
In appeal against acquittal, the appellate court must respect presumption of innocence and confirm if the trial court's conclusions are reasonable based on the evidence presented.
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