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BIRENDRA KUMAR
Kurda Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Birendra Kumar, J. - Appellants Mohammad Shariff and Nawab Ali faced trial in Sessions Case No. 57/2002 arising out of FIR No. 254/1999 registered with Sadar Jhunjhunu Police Station for offences under Section 450, 307 and 323/34 IPC. By the impugned judgment dated 8.8.2003, the learned trial Judge acquitted the appellants of the charges under Section 307, 307/34 and 450 IPC, however convicted them for offence under Section 325 IPC and sentenced to undergo Rigorous Imprisonment of three years along with fine of Rs. 2,000/- and in default of payment of fine two months imprisonment. The appellants were convicted for offence under Section 451 IPC and sentenced to six months imprisonment along with fine of Rs. 200/- and in default of payment of fine, 7 days imprisonment was ordered.
2. In Criminal Appeal No. 1244/2003, the appellants have challenged the judgment of conviction especially have questioned the correctness of sentence on the ground that there was no previous conviction of the appellants, hence they should have been allowed the benefit of Probation of Offenders Act unless the trial court records special reason for not treating the appellants under the aforesaid Act.
The appellate court can review acquittals but must respect the presumption of innocence and only intervene if the lower court's decision is perverse or legally flawed.
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 ....
An appellate court may not disturb a trial court's acquittal unless the latter's judgment is unreasonable or perverse, emphasizing the presumption of innocence.
The prosecution must establish charges beyond reasonable doubt, especially when witness credibility is in question.
The court established that acquittal is warranted when the prosecution fails to prove guilt beyond reasonable doubt, particularly when key witnesses turn hostile and evidence is insufficient.
The prosecution must prove guilt beyond reasonable doubt, with the trial court's acquittal upheld due to insufficient evidence against the accused under murder charges while their conviction for grie....
An appellate court must respect acquittals unless the trial court's decision is unreasonable, maintaining the presumption of innocence.
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