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PUSHPENDRA SINGH BHATI, YOGENDRA KUMAR PUROHIT
Inder Singh – Appellant
Versus
State – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This criminal revision under Sections 379/401 Cr.P.C. has been preferred by the petitioner (complainant), claiming the following reliefs:
2. The matter pertains to an incident which had occurred in the year 2007 and the present revision petition has been pending since the year 2009.
3. By way of the instant revision petition, the petitioner-complainant laid a challenge to the judgment dated 25.08.2008 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Jodhpur in Sessions Case 3/2008 (State of Rajasthan Vs. Smt. Gendu Kanwar & Anr.) whereby the accused-respondents-Gendu Kanwar & Tej Singh have been acquitted under Section 120-B & 302 IPC (Smt. Gendu Kanwar) and 120-B IPC & 302 IPC read with Section 120-B IPC (Tej Singh).
4. Brief facts of the case, as placed before this Court by learned counsel appearing on behalf of the petitione
The judgment reinforces the principle that an acquittal should not be overturned unless the trial court's decision is demonstrably flawed or perverse, maintaining the presumption of innocence.
The prosecution must establish the guilt of the accused beyond a reasonable doubt, and the acquittal by the Trial Court was justified due to insufficient evidence.
The judgment establishes that in criminal appeals against acquittal, the appellate court must demonstrate clear errors in the trial court's findings and respect the presumption of innocence, requirin....
Court of appeal has as wide powers of appreciation of evidence in an appeal against an order of acquittal as in case of an appeal against an order of conviction, subject to riders that presumption of....
The acquittal of the accused was upheld due to insufficient evidence and contradictions in witness testimonies, reinforcing the presumption of innocence.
The prosecution must prove charges beyond reasonable doubt; acquittal is upheld when evidence does not convincingly establish guilt.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
The presumption of innocence remains paramount in criminal law, and the prosecution must prove guilt beyond a reasonable doubt; mere suspicion or possibility of guilt is insufficient for conviction.
The appellate court upheld the acquittal, emphasizing the prosecution's failure to establish guilt beyond reasonable doubt due to contradictions in witness testimonies and lack of direct evidence.
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