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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Kiranben W/O Arvindbhai Gulabbhai Simpi – 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 judgement and order of acquittal passed by learned Special Judge (Atrocities), Navsari Camp at Vansda (hereinafter referred to as "the learned Trial Court") in Special (Atrocity) Case No. 6 of 2009 on 21- 10-2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323, 504, 506(2) and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short) and Section Section 3(i)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocities Act”) and Section 135 of the Gujarat Police Act.
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 19-04-2009, at around 9 AM, the complainant Manjuben Bapubhai Kunkana was in front of her house situated in Station Faliya: Navtad, Taluka:Vansda, District: Navsari and at that time, the a
Presumption of innocence is reinforced upon acquittal; appellate courts must not disturb findings if trial courts' views are reasonable and plausible.
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 appellant court must respect the presumption of innocence and will not overturn acquittals unless the trial court's findings are unreasonable or perverse.
An appeal against acquittal should respect the presumption of innocence and not interfere if the acquittal is based on reasonable conclusions drawn from evidence.
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.
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.
Appellate courts must not interfere with acquittals unless trial decisions are perverse, respecting innocence presumption and allowing reasonable alternative conclusions.
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