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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Prabhusinh Barsangbhai Chauhan – Respondent
JUDGMENT :
S.V. PINTO, J.
1. This appeal has been filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by learned Sessions Judge, Kheda at Nadiad (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 129 of 2010 on 14-03-2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 333, 504 and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" 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 The complainant Subhashbhai Kadvabhai Kadole was working in the State Reserve Police (SRP) and was posted with the SRP, Group - 15, Mehsana. On 10-12-2009, the complainant – Subhashbhai Kadvabhai Kadole along with Jogendrabhai Samantsinh Vaghela and Ajitbhai Dodiya had gone to give the tiffin to Police Constable - Rajendrabhai Rana, who had his duty at the well near GGS-1, Navagam and after giving him the tiffin, while th
In acquittal appeals, the appellate court respects the trial court's findings unless compelling evidence shows the decision was unreasonable.
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.
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.
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 appellate court must respect the presumption of innocence and the trial court's findings unless there is clear evidence of illegality or perversity.
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 must respect acquittals unless the trial court's decision is unreasonable, maintaining the presumption of innocence.
Presumption of innocence is reinforced upon acquittal; appellate courts must not disturb findings if trial courts' views are reasonable and plausible.
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