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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
State of Rajasthan – Appellant
Versus
Paramjeet Singh Andanr – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1. Instant criminal appeal has been filed by the appellant/State against the judgment and order dated 23.11.2016, passed by learned Addl. Sessions Judge No.2, Sriganganagar, in Sessions Case No.36/2012 (22/2007) whereby the learned trial court acquitted the respondent No.1 for offence under Section 307 /34 IPC and Section 3/25(1)(B)(A) of Arms Act and respondent No.2 for offence under Section 307 /34 , 279 /34 of IPC and Section 3/25(1)(B)(A) of Arms Act .
2. Briefly stated, the prosecution case as set up is that on 18.02.2007, Sub Inspector Manoj Machra submitted a seizure memo, to the effect that he received a secret information that some illegal activities are conducted. Upon arriving at the location, it was observed that a white Ambasador car parked outside with the respondent No.2 and unloading a box. They quickly left the box upon seeing the Police Jeep and fled in the car with the driver. Upon inspection, the box contained 12 bottles of liquor. The Police seized the box and pursued the car, which sped away recklessly towards Karanpur. The occupants of the car attempted to attack the Police with intention to kill. On the basis of the said report, Pol
Acquittal judgments are upheld unless compelling reasons or clear misreading of evidence warrant interference, reinforcing the presumption of innocence.
An acquittal can only be overturned with compelling reasons; the presumption of innocence remains strong unless the trial court's decision is palpably erroneous.
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.
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 appellate court reviewing an acquittal must respect the presumption of innocence unless the judgment is perverse or misreads evidence, supporting the lower court's decision.
An appellate court may only interfere with a judgment of acquittal when there are compelling reasons, and the presumption of innocence remains fortified by acquittal.
Acquittals should not be overturned unless compelling reasons are shown; the presumption of innocence is reinforced by an acquittal.
The court upheld the acquittal due to insufficient evidence, emphasizing the need for compelling reasons to overturn such judgments.
(1) Common intention – For convicting accused with aid of Section 34 of IPC prosecution must establish prior meetings of minds – It must be established that criminal act has been done in furtherance ....
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