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MANOJ KUMAR GARG
Kalla Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant criminal appeal has been filed by the appellant-complainant under section 14A of SC/ST Act against the acquittal of the accused-respondents from offence under Sections 3(1)(r) (s), 2(va) of SC/ST Act vide judgment dated 27.06.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaisalmer in Sessions Case No. 191/2017. However, the learned trial court convicted the accused-respondents for offence under Sections 341, 323 or in the alternative 323/34 IPC but extended the benefit of section 4 of Probation of Offenders Act. The accused-respondents were directed to be released on probation provided each of them furnishes personal bond and a surety bond in the sum of Rs.5000/- each, to maintain peace and good behaviour for a period of one year. They were further directed not to repeat the offence and to appear and receive the sentence whenever called upon to do so during the period of one year.
2. Brief facts of the case are that on 20.09.2017, appellant-complainant submitted a written report before Police Station Pokaran, District Jaisalmer to the effect that on 20.09.2017, at Central Bus Stand, when he was booking the tickets of a bus running be
An acquittal should not be disturbed unless compelling reasons exist, maintaining the presumption of innocence.
An acquittal can only be overturned on compelling reasons; the presumption of innocence remains 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.
Interference in acquittal requires compelling reasons; the presumption of innocence is reinforced by acquittal.
The appellate court upheld the trial court's acquittal due to insufficient evidence under the SC/ST Act, emphasizing the presumption of innocence.
The court upheld the acquittal of the accused due to lack of compelling evidence, emphasizing the presumption of innocence.
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 prosecution failed to prove the charges under the SC/ST Act, justifying the acquittal, while the trial court's decision to grant probation for IPC convictions was upheld.
The principle that an acquittal should not be disturbed unless there are compelling reasons, and the presumption of innocence is reinforced by such acquittal.
The appellate court should not interfere with an acquittal if the trial court's findings are plausible and supported by the evidence, maintaining the presumption of innocence.
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