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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State Of Rajasthan – Appellant
Versus
Ashwani Kumar S/o Sh. Om Prakash Bhardwaj – Respondent
JUDGMENT :
1. This criminal appeal under Section 378 (iii) and (i) of the Cr.P.C. has been preferred by the appellant-State laying a challenge to the judgment of acquittal dated 17.10.1998, passed by the learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Pratapgarh, District – Chittorgarh in Special Criminal Case No.35/1997, whereby the accused-respondent Ashwani Bhardwaj was acquitted of the offences under Sections 302 or 302/34/149 & 364/201 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act and accused-respondents Ravindra Kumar and Dilip Kumar Sharma were acquitted of the offences under Sections 302 or 302/34/149-201 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
2. The matter pertains to an incident which had occurred on 09.12.1992 and the present appeal has been pending since the year 1999.
3. Brief facts of the case, as placed before this Court by Mr. Deepak Choudhary, learned Government Advocate-cum-Additional Advocate General appearing on behalf of the appellant-State are that on the night of 09.12
The appellate court cannot overturn an acquittal unless it finds clear evidence of guilt beyond reasonable doubt.
The appellate court cannot overturn an acquittal unless it finds a clear error or illegality in the trial court's judgment.
The presumption of innocence remains until guilt is proven beyond a reasonable doubt, and the appellate court cannot overturn an acquittal without clear evidence of error or illegality in the trial c....
The appellate court upheld the trial court's acquittal, emphasizing the necessity of proving guilt beyond a reasonable doubt, particularly when eyewitness testimony is unreliable.
The appellate court must uphold acquittals unless there is clear error in the trial court's evaluation of evidence, respecting the presumption of innocence.
The presumption of innocence is paramount, and appellate courts must respect trial court findings unless clear errors are demonstrated.
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.
An appellate court must respect the presumption of innocence and should not interfere with an acquittal unless there is manifest illegality or perversity in the trial court's judgment.
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.
The judgment reinforces the principle that an acquittal should not be overturned unless there is clear evidence of error or misjudgment by the trial court.
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