Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Radhmani – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
Instant criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner/complainant against the judgment dated 09.06.2022, passed by learned Additional Sessions Judge, No.2, Nohar, District Hanumangarh in Cr. Appeal No.67/2016 whereby the learned appellate court dismissed the appeal and affirmed the judgment dated 08.07.2016, passed by the learned Additional Judicial Magistrate, Nohar, District Hanumangarh in Cr. Case No.1421/2014, whereby the learned trial court acquitted the respondent No.2 from offence under Sections 420, 467, 468, 471 IPC.
2. Brief facts of the case are that the on 21.12.2005, petitioner/ complainant filed a complaint before the concerned court with the allegation that the accused-respondent No.2 had committed forgery with her. The said complaint was sent to the concerned Police Station under Section 156(3) Cr.P.C. Upon which, Police registered a case against the accused-respondent No.2 under Sections 420, 467, 468, 471 IPC and started investigation.
3. On completion of investigation, the police filed challan against the accused respondent No.2. Thereafter, the trial court framed the charges under Sections 4
Interference in acquittal judgments requires compelling reasons; the presumption of innocence must be respected unless the lower court's decision is palpably erroneous.
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 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....
Acquittal judgments require compelling reasons for interference; presumption of innocence is reinforced by acquittal.
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 principle that an acquittal should not be disturbed unless there are compelling reasons, and the presumption of innocence is reinforced by such acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
