Interference in acquittal requires compelling reasons; the presumption of innocence is reinforced by acquittal.

Judgment :

1.Instant criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner/complainant against the judgment dated 10.01.2006, passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta, District Nagaur in Session Case No.74/2005, whereby the learned trial court acquitted the accused-respondent Nos.2 & 3 from the offence punishable under Section 323 IPC and Section 3(1)(x) of SC/ST Act.

2. Brief facts of the case are that on 20.07.2005, the petitioner/complainant gave a written report to the Superintendent of Police, Nagaur to the effect that the accused-respondents No.2 & 3 beat her children namely Pappu and Munni in the school and also used caste oriented language against them. On the basis of the said report, Police registered a case against the accused-respondents and started investigation.

3. On completion of investigation, the police filed challan against accused-respondents. Thereafter, the trial court framed the charges. The accused-respondents denied the charges and claimed trial.

4. During the course of trial, the prosecution examined 8 witnesses and exhibited certain documents. Thereafter, statements of the accused-respondents were recorded under section 313 Cr.P.C. In defence, Police statement of witness Shanti was produced as Ex-D/1.

5. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 10.01.2006 acquitted the accused- respondents from offences under Section 323 IPC and Section 3(1)(x) of SC/ST Act. Hence this criminal revision against the acquittal of accused-respondents.

6. Learned counsel for the petitioner/complainant submits that the learned trial court has committed grave error in acquitting the accused-respondents from offence under Section 323 IPC and Section 3(1)(x) of SC/ST Act. While passing the impugned judgment, the learned trial court has not considered the evidence and other aspects of the matter in its right perspective. Thus, the impugned judgment deserves to be quashed and set aside and the accused-respondents ought to have been convicted and sentenced for offence under Section 323 IPC and Section 3(1)(x) of SC/ST Act.

7. Heard learned counsel for the petitioner and perused the evidence of the prosecution as well as defence and the judgment passed by the trial.

8. On perusal of the impugned judgment, it appears that the learned trial court while passing the impugned judgment has considered each and every aspect of the matter and also considered the evidence produced before it in its right perspective. There are major contradictions, omissions & improvements in the statements of the witnesses. The prosecution has failed to prove its case against the accused-respondents beyond all reasonable doubts and thus, the trial court has rightly acquitted the accused- respondents from offence under Section 323 IPC and Section 3(1)(x) of SC/ST Act.

9. In the light of aforesaid discussion, the petitioner has failed to show any error of law or on facts on the basis of which interference can be made by this Court in the judgment under challenge. The order passed by the learned trial court is detailed and reasoned order and the same does not warrant any interference from this Court.

10. In the case of 'Mrinal Das & others v. The State of Tripura, : reported in 2011(9) SCC 479, ', the Hon'ble Supreme Court, after looking into many earlier judgments, has laid down parameters, in which interference can be made in a judgment of acquittal, by observing as under:

“An order of acquittal is to be interfered with only when there are "compelling and substantial reasons", for doing so. If the order is "clearly unreasonable", it is a compelling reason for interference. When the trial Court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts etc.,the appellate court is competent to reverse the decision of the trial Court depending on the materials placed.

11. Si