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PUSHPENDRA SINGH BHATI
State Of Rajasthan – Appellant
Versus
Mana Ram – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. above-numbered criminal appeal No.1084/2017 has been preferred against the judgment dated 24.08.2016 passed by the learned Sessions Judge, Jalore in Sessions Case No.76/2011, acquitting the respondents for the offence under Sections 323, 324 & 325/34 IPC.
2.1 above-numbered criminal appeal No.1376/2017 has been preferred against the judgment dated 24.08.2016 passed by the learned Special Judge, SC/ST (Prevention of atrocities) act Cases, Jalore in Special Sessions Case No.06/2011, acquitting the respondents for the offence under Sections 341, 323 or 323/34, 325 or 325/34, 307 or 307/34, 427 IPC and Section 3(1)(x) and 3(2)(V) of SC/ST (Prevention of atrocities) act, 1989.
3. Learned Public Prosecutor appearing on behalf of the appellant-State (Criminal appeal No.1084/2017) submits that the learned courts below passed the impugned orders of acquittal, on the basis, amongst others, of the cross case between the parties, followed by challa
The court emphasized the importance of proving guilt beyond doubt, considering inconsistencies in evidence, and the need for cogent reasoning and findings in judgments.
At the stage of framing of charges, the court is not required to conduct a meticulous appreciation of evidence, and the impugned order must not suffer from any legal infirmity to warrant interference....
Inconsistencies in witness statements and doubt regarding the incident can lead to the acquittal of the accused, especially under stringent provisions such as the SC/ST Act.
Inconsistencies and contradictions in the evidence cannot be used to convict and sentence a person, and the benefit of doubt must be extended to the accused.
An acquittal under the SC/ST Act can only be overturned if the appellate court finds compelling reasons, emphasizing the presumption of innocence and the necessity of substantial evidence.
The judgment emphasized the need for substantial and compelling reasons to interfere with an order of acquittal, the double presumption of innocence in favor of the accused, and the importance of re-....
The court emphasized the importance of the police's final report and the jurisdiction of the trial court in determining the nature of the dispute under the SC/ST (Prevention of Atrocities) Act.
The court applied the principles of sentencing policy and the need for timely treatment of injuries in determining the appropriate sentence for the appellant.
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