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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R. T. VACHHANI
State Of Gujarat – Appellant
Versus
Dinu Parbat Karamta – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 11/10/2002 passed by the learned Special Judge, Junagadh in Atrocity Sessions Case No. 30 of 2000 for the offences punishable under Sections 307, 504 and 34 of Indian Penal Code and under Sections 3(1)(x) of the Atrocities Act and under Section 135 of the Bombay Police Act, the appellant – State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).
2. The brief facts leading to the filing of the present appeal are as under:
2.1. The prosecution case in brief is that the complainant of this case belongs to Scheduled Caste community and the accused are of other community. The incident in question took place on 4-9-1999 at 6 PM in the field of the complainant situated at village Lambora. The prosecution case is that the accused of this case came with their cattle and allowed them to graze in the field of the complainant, where there were standing crops. That as the complainant asked them to drive away the cattle from his field, the accused attacked him with weapons like iron pipe, axe and
The appellate court must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
The appellate court must respect the presumption of innocence and not interfere with an acquittal unless the trial court's decision is unreasonable or perverse.
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the necessity for the prosecution to prove guilt beyond reasonable doubt.
The judgment underscores the principle of presumption of innocence, the requirement for clear and convincing evidence to establish guilt, and the reluctance to disturb a finding of acquittal without ....
In appeals against acquittal, the appellate court must respect the presumption of innocence and only intervene if the trial court's decision is perverse or unsupported by evidence.
The appellate court may review evidence in acquittal appeals but should not reverse a trial court's acquittal unless the trial court's decision is unreasonable or perverse.
The appellate court affirmed the trial court's acquittal, emphasizing the necessity of substantial evidence for conviction and the presumption of innocence for the accused.
In appeals against acquittal, conviction requires clear evidence; presumption of innocence is paramount, and acquittals should not be reversed without manifest illegality.
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