IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State of Gujarat – Appellant
Versus
Jeshaji Govaji Rajput – Respondent
JUDGMENT :
S.V. Pinto, J.
1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Deesa Camp Court, Deodar (hereinafter referred to as “the learned Trial Court”) in Special Case No. 83 of 2010 on 27.04.2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 325, 324, 504, 506(2) and 114 of Indian Penal Code, 1860, Section 135 of the BP Act and Sections 3(1)(10) and 3(1)(11) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocity Act” for short).
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 On 13.08.2008, at around 16.00 hours in village Thara (Raha), the accused nos. 1 to 3 met the complainant - Keshabhai Nagji Dalit and inquired from him as to why he was not coming to their field to make their fence. The complai
In acquittal appeals, the presumption of innocence strengthens if the trial court finds the prosecution's evidence insufficient to prove guilt beyond a reasonable doubt.
An appellate court may review evidence in acquittal cases but should not interfere unless the trial court's decision is unreasonable or perverse, maintaining the presumption of innocence.
In acquittal appeals, the presumption of innocence prevails, and the appellate court must respect the Trial Court's findings if a plausible view is supported by evidence.
The appellate court must respect the presumption of innocence and not interfere with an acquittal unless the trial court's decision is perverse or illegal.
Presumption of innocence is reinforced upon acquittal; appellate courts must not disturb findings if trial courts' views are reasonable and plausible.
In acquittal appeals, presumption of innocence is reinforced, and the appellate court should only interfere with the acquittal if the trial court's ruling is perverse or unreasonable based on the pre....
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.
In appeals against acquittal, conviction requires clear evidence; presumption of innocence is paramount, and acquittals should not be reversed without manifest illegality.
In acquittal appeals, the presumption of innocence prevails if trial court's conclusions are reasonable and legally sound.
In acquittal appeals, the appellant court must respect the presumption of innocence and will not overturn acquittals unless the trial court's findings are unreasonable or perverse.
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