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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Sushil Kukreja, J
State – Appellant
Versus
Naseeb Lal – Respondent
JUDGMENT :
Sushil Kukreja, J.
1. The present appeal has been preferred by the appellant/State (hereinafter referred to as “the appellant”) laying challenge to judgment, dated 11.01.2011, passed by learned Judicial Magistrate First Class (II), Kangra, District Kangra, H.P. whereby the accused/respondent (hereinafter referred to as “the accused”) was acquitted for the offences punishable under Sections 279 & 337 of Indian Penal Code (hereinafter referred to as ‘IPC’).
2. The prosecution story, in brief, is that on 12.06.2001, M.O., SDH Kangra had telephonically informed the Police Station Kangra that a patient with the alleged history of road accident was brought to the hospital. On receiving such information, the police officials proceeded towards the hospital and recorded the statement of Ramesh Kumar under Section 154 Cr. P.C., who stated that on 12.06.2001, he was going with his associates in a Mahindra Commander Jeep, bearing registration No. PB-06-B-1511, which was being driven by Harbans Lal. When the aforesaid vehicle was about to reach Daulatpur, then at about 3:45 A.M., a Mahindra Pick-up, bearing registration No. HP-19A- 0129 came from the opposite side and hit the vehicle be
The prosecution must prove charges beyond reasonable doubt; acquittal strengthens the presumption of innocence.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, and an acquittal strengthens the presumption of innocence for the accused.
The presumption of innocence in favor of the accused and the need for substantial and compelling reasons to overturn a trial court's acquittal.
The prosecution must prove negligence or rashness beyond reasonable doubt; mere high speed does not suffice to establish liability.
Point of law : 42(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
Negligence in vehicular accidents must be proven beyond mere assertions of speed; the prosecution bears the burden of establishing culpability.
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