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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R. T. VACHHANI
State Of Gujarat – Appellant
Versus
Vikaskumar @ viki kishorkumar amin (patel) – Respondent
JUDGMENT :
R. T. VACHHANI, J.
1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 23.03.2004 passed by the learned Additional Sessions Judge, Ahmedabad (City) in Sessions Case No. 263 of 2003, whereby the respondent–accused came to be acquitted of the offences punishable under Sections 302 and 114 of the INDIAN PENAL CODE , 1860 (“IPC” for short) and Section 135 of the BOMBAY POLICE ACT , 1951, 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 of the case are as under:
2.1 The complainant lodged a complaint on 14.04.2003 before Bapunagar Police Station alleging that on 13.04.2003 at about 23:30 hours, he along with certain witnesses was proceeding towards a pan cabin when the respondent–accused intercepted them, abused one of the companions, followed them to a nearby tea stall, and suddenly inflicted knife blows on the chest of the deceased Hitesh Swamsingh Rathod. Another accused caught hold of the deceased, after which all the accused fled from the scene. The complainant and others rushed the injured to Shardaben Hospital, where he was declared de
An appellate court can only overturn an acquittal if it finds that the prosecution's evidence was conclusive in establishing the accused's guilt beyond reasonable doubt.
In criminal appeals, the prosecution must prove guilt beyond reasonable doubt through a complete chain of circumstantial evidence, especially where direct evidence is absent, reinforcing a presumptio....
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
The prosecution must establish guilt beyond reasonable doubt and credibility of eyewitnesses is essential for conviction.
An appellate court may review evidence in acquittal appeals but should not interfere unless there is manifest illegality or the trial court's judgment is unreasonable.
The prosecution failed to prove the guilt of the accused beyond reasonable doubt, leading to the upholding of the acquittal.
The appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable conclusions are possible on the basis of the evidence on record, and the trial court's f....
The judgment reinforces the principle of presumption of innocence and the requirement for clear and convincing evidence to establish guilt, emphasizing the reluctance to disturb a finding of acquitta....
The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
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