IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Salimmiya Isammiy Bin Akbarmiya Malek – 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 Special Judge and 4th Additional Sessions Judge, Nadiad (hereinafter referred to as “the learned Trial Court”) in Special (SC/ST) Case No. 31/2014 on 31.12.2015, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 452, 323, 504, 506(2) and 114 of Indian Penal Code, 1860, Section 135 of the G.P. Act and Sections 3(1)(10) 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 24.08.2014, at around 06.30 pm, the accused entered into the house of the complainant – Sangeetaben - wife of Deepakbhai Govindbhai Vaghela at village Nani Khadol and abused the complainant and the accused no. 1 slapped her two to three times. The
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....
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 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 cannot overturn an acquittal unless the trial court's decision is found to be unreasonable or lacks a proper evidentiary basis.
The appellate court must exercise caution in appeals against acquittal, maintaining the presumption of innocence unless manifest illegality or compelling reasons warrant intervention.
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 has broad powers to review evidence in acquittal appeals but should exercise caution, respecting the presumption of innocence unless the trial court's conclusions are unreasonable.
An appeal against acquittal should respect the presumption of innocence and not interfere if the acquittal is based on reasonable conclusions drawn from evidence.
Appellate courts must not interfere with acquittals unless trial decisions are perverse, respecting innocence presumption and allowing reasonable alternative conclusions.
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.
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