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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Devashibhai Govindbhai Jethava – Respondent
| Table of Content |
|---|
| 1. appeal filed against acquittal. (Para 1 , 2) |
| 2. arguments of the appellant against acquittal. (Para 4 , 6) |
| 3. court's observations on the appeal process. (Para 5 , 8 , 9) |
| 4. trial court's justification for acquittal. (Para 12) |
| 5. confirmation of the trial court's order. (Para 13 , 14) |
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 (hereinafter referred to as ‘the Code’) against the judgment and the order passed by the learned 6th (Ad-hoc) Special Judge (Atrocity) and Additional Sessions Judge, Veraval (hereinafter referred to as ‘the learned Trial Court’) in Special Case (Atrocity) No.1 of 2012 dated 06.06.2014, whereby, the learned Trial Court has acquitted the respondents – accused from the offences punishable under Sections 452, 323, 504, 506(2) and 114 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), Section 135 of the Bombay Police Act (hereinafter referred to as ‘the B.P.Act) and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocities Act’).
1.1. The respondents are he
In appeals against acquittal, conviction requires clear evidence; presumption of innocence is paramount, and acquittals should not be reversed without manifest illegality.
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 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 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....
Presumption of innocence is reinforced upon acquittal; appellate courts must not disturb findings if trial courts' views are reasonable and plausible.
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.
The appellate court must exercise caution in appeals against acquittal, maintaining the presumption of innocence unless manifest illegality or compelling reasons warrant intervention.
An appellate court must respect the presumption of innocence and can only interfere with acquittals where the trial court's reasoning is demonstrably flawed.
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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