MANOJ KUMAR GARG
Barkat – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The appellant complainant has filed the present Criminal Leave to Appeal under Section 378(4) Cr.P.C against the judgment dated 15.03.2019 passed by learned Judge, Gram Nyayalaya Sankda Headquarter, Pokaran, District Jaisalmer in Criminal Case No. 74/2016 whereby the accused respondents No. 2 to 4 have been acquitted from the offences under Section 447, 427 r/w 34 IPC.
2. Brief facts of the case are that the appellant complainant filed a complaint before the learned Magistrate which was sent for registration of FIR under Section 156(3) Cr.P.C. As per allegation in the complaint, land of father of appellant is located in Khasra NO. 14 & 15 measuring 16.02 bigha in village Nathusar. It is alleged that on 06.06.2016 when the appellant was in Pokaran, the accused respondents came to his land armed with weapons and started abusing the family members of the complainant. It is alleged that the respondents uprooted the stone slabs and took them in the vehicle and thus caused financial loss of Rs. 1500/-On this report a FIR No. 93/2016 was registered against the respondents for offence under Sections 447, 427 read with 34 IPC and investigation commenced. After
An acquittal should not be disturbed unless there are compelling reasons or clear errors in the trial court's judgment.
The presumption of innocence is strengthened by acquittal, and appellate courts can only interfere if the trial court's view is unreasonable or if guilt is established beyond a reasonable doubt.
An acquittal can only be overturned with compelling reasons; the presumption of innocence remains strong unless the trial court's decision is palpably erroneous.
The court upheld the acquittal due to insufficient evidence, emphasizing the need for compelling reasons to overturn such judgments.
An acquittal strengthens the presumption of innocence, and an appellate court can only overturn such a judgment if it finds that the trial court's conclusion was unreasonable or unsupported by eviden....
The court will interfere in a judgment of acquittal only if there are compelling and substantial reasons to do so, and if the trial court has ignored or misread material evidence.
The court upheld the presumption of innocence in acquittals, stating that interference requires compelling reasons and substantial evidence.
The judgment emphasizes the importance of substantial evidence and a reasonable explanation for delays in criminal cases.
An acquittal can only be overturned if compelling reasons exist, emphasizing the presumption of innocence and the need for clear errors in the trial court's judgment.
Acquittals should not be overturned unless compelling reasons are shown; the presumption of innocence is reinforced by an acquittal.
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