HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
State of Rajasthan – Appellant
Versus
Ugma S/o. Nanda Gurjar – Respondent
| Table of Content |
|---|
| 1. appellant-state challenges acquittal of accused. (Para 1 , 2) |
| 2. state argues eyewitness testimony is credible. (Para 3 , 4) |
| 3. supreme court outlines appeal principles. (Para 6 , 7 , 8) |
| 4. fir registered based on informant report. (Para 11 , 12 , 13) |
| 5. contradictions undermine prosecution case. (Para 14 , 26 , 31) |
| 6. court dismisses appeal; affirms acquittal. (Para 32 , 33 , 34) |
JUDGMENT :
Ravi Chirania, J.
1. The appellant-State filed an application for leave to appeal before this Hon’ble Court. By order dated 12.07.2012, leave was granted and accordingly, the present regular appeal was registered. In the instant appeal, the appellant-State, through the Public Prosecutor, has challenged the impugned judgment dated 30.11.2011 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Bhilwara Mr. V.K. Arya, RHJS in Sessions Case No. 62/2010, by which all five accused persons were acquitted on the ground that the prosecution failed to prove its case beyond reasonable doubt against all of them.
2. The present appeal has been filed by the State solely on two grounds numbered (iii) and (iv), as mentioned in the appeal.
3. The two grounds of appeal are quoted be














The appellate court's review of acquittal requires strong evidence of error in the trial court's decision, maintaining that acquittals reinforce presumption of innocence.
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
Evidence of hostile witnesses - It is settled position of law that a statement under Section 164 of Cr.PC. is not substantive evidence. It can be used to corroborate statement of a witness. It can be....
The prosecution must establish the guilt of the accused beyond a reasonable doubt, and the acquittal by the Trial Court was justified due to insufficient evidence.
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