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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Jubeda – Appellant
Versus
State – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.Instant criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner against the judgment dated 12.02.2015, passed by learned Additional Sessions Judge, Jaitaran, District Pali in Cr. Appeal No.33/2012, by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 25.04.2012, passed by the learned Additional Chief Judicial Magistrate, Jaitaran, District Pali in Cr. Regular Case No.140/2008 whereby the learned trial court acquitted the accused-respondent No.2 from the offences under Sections 498-A & 406 IPC.
2. Brief facts of the case are that the petitioner-complainant filed a complaint before the concerned court against the accused- respondent No.2 for offence under Sections 498-A, 406, 504 IPC, which was sent under Section 156(3) Cr.P.C. to Police Station Jaitaran for investigation. Upon receiving the complaint, the Police registered an FIR against the accused-respondent No.2 and started investigation.
3. On completion of investigation, the police filed challan against the accused-respondent No.2 for offence under Sections 498-A, 406 IPC. Thereafter, the trial court framed the charges. The
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.
Acquittal judgments require compelling reasons for interference; presumption of innocence is reinforced by acquittal.
Interference in acquittal judgments requires compelling reasons; the presumption of innocence must be respected unless the lower court's decision is palpably erroneous.
The court emphasized the high threshold for interfering with acquittal judgments, requiring compelling reasons to overturn a lower court's decision.
The court emphasized that acquittal judgments should not be interfered with unless they are palpably erroneous or contrary to evidence, reinforcing the presumption of innocence.
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....
An appellate court may only interfere with a judgment of acquittal if compelling reasons exist, maintaining the presumption of innocence unless the trial court's decision is unreasonable or contrary ....
The court upheld the acquittal of the accused, emphasizing the presumption of innocence and the need for compelling reasons to overturn such judgments.
The appellate court should not interfere with an acquittal unless there are compelling reasons, such as a clear misreading of evidence or ignoring material facts.
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