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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA, JJ.
State of Himachal Pradesh – Appellant
Versus
Prem Singh – Respondent
Cr. Appeal No. 306 of 2014
Decided On : 08-04-2025
(A) Indian Penal Code - Sections 224, 225, 332, 353, 333, 460, 506-B, 120-B, 382, 392 - Arms Act - Section 25 - Appeal against acquittal - The accused was acquitted of multiple charges including conspiracy and assault on police officers during an escape of a prisoner from custody - The trial court found no reliable identification of the accused due to lack of a test identification parade and contradictions in witness statements - The prosecution failed to prove its case beyond reasonable doubt. (Paras 1-23)
(B) Criminal Procedure Code - Section 378 - The appellate court must respect the presumption of innocence and the findings of the trial court unless there are compelling reasons to overturn the acquittal - The appellate court cannot interfere merely because it might have reached a different conclusion. (Paras 8-12)
(C) Identification of Accused - The identification of an accused for the first time in court is inherently weak unless corroborated by prior identification in a parade - The absence of a test identification parade undermines the reliability of witness identification. (Paras 20-22)
Facts of the case:
The appeal was filed by the State against the acquittal of the accused who allegedly conspired to facilitate the escape of a prisoner from lawful custody, resulting in injuries to police officers. The trial court acquitted the accused due to insufficient evidence and lack of reliable identification.
Findings of Court:
The trial court's judgment was upheld as it was based on proper appreciation of evidence, and the prosecution's case was found lacking.
Issues: The main issues included the adequacy of evidence for identification of the accused and the validity of the trial court's acquittal.
Ratio Decidendi: The appellate court reaffirmed that the presumption of innocence remains strong in acquittals and emphasized the necessity of reliable identification evidence.
Result: Appeal dismissed.
JUDGMENT :
(Sushil Kukreja, J.)
The instant appeal has been preferred by the appellant/State under Section 378 Cr.P.C. against judgment dated 25.07.2013, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 17-N/7 of 2007, whereby the accused (respondent herein) was acquitted from the charges under Sections 224, 225, 332, 353, 333, 460, 506-B, 120-B, 382 and 392 of the Indian Penal Code (for short ‘IPC’) and under Section 25 of the Arms Act.
2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:
2(a). On 05.02.2005 at District Court Complex, Nahan, as well as Regional Hospital, Nahan, one Harjeet Singh was in judicial custody and he was lodged in Model Central Jail, Nahan and was being treated in the hospital at Nahan. It has further come in the prosecution story that accused Prem Singh, entered in conspiracy with co-accused Harmeet @ Punnu, Kapil Sahani, Kunal, Ashok Kumar, Kala etc., to get Harjeet Singh escaped from the lawful custody. On 05.02.2005, around 08:00/08:15 p.m., accused persons committed trespass in Regional Hospital, Nahan, where Harjeet Singh was admitted for treatment, by house breaking in the night and they got escaped Harjeet Singh from the custody of HC Jaswant Singh No. 149 and Constable Kesar Singh No. 885, in which he was lawfully detained. It has also come in the prosecution story that the accused persons voluntarily caused grievous hurt to HC Jaswant Singh, while he was discharging his duty as a public servant.
2(b). HC Jaswant Singh reported the matter to the police, whereupon his statement was recorded and FIR was registered. During the course of the investigation, Constable Kesar Singh and HC Jaswant Singh were medically examined at R.H. Nahan. As per the medical opinion, injuries No. 2 to 4 sustained by HC Jaswant Singh were grievous in nature. It was unearthed during the police investigation that vehicle, bearing registration No. CH- 03F-6657, in which accused Prem Singh took accused Harjeet Singh, met with an accident at Kala Amb with a canter, bearing registration No. HP-18-3137 and they left their unnumbered car on the road side and also snatched the mobile phone of the driver of the canter and had fled towards Kala Amb by leaving the car. Police recorded the statements of the witnesses and completed all the codal formalities. After completion of the investigation, police presented the challan in the learned Trial Court.
3. The learned Trial Court took cognizance against the accused and charges under Sections 120B, 224, 225, 333 and 460 of IPC were framed against him. The prosecution, in order to prove its case, examined twelve witnesses. Statement of the accused under Section 313 Cr.P.C. was recorded, wherein he stated that he was falsely implicated. However, he did not examine any witness in his defence.
4. The learned Trial Court, vide impugned judgment dated 25.07.2013 acquitted the accused, hence the instant appeal preferred by the appellant/State.
5. We have heard the learned Senior Additional Advocate General for the appellant/State, learned counsel for the accused/respondent and carefully examined the entire records.
6. The learned Senior Additional Advocate General for the appellant/State contended that the learned Trial Court has ignored the relevant material and not appreciated the statements of the witnesses in its right perspective. The learned Trial Court took a hyper technical view and the impugned judgment is based on surmises and conjectures, thus liable to be quashed and set-aside.
7. Conversely, the learned counsel for the accused/respondent contended that the impugned judgment passed by the learned Trial Court is the result of proper appreciation of the material on record and the same was passed after appreciating the evidence and law in its right and true perspective. He has further contended that there are major contradictions in the statements of the prosecution witnesses. Lastly, he
The appellate court cannot overturn an acquittal unless it finds compelling reasons, emphasizing the presumption of innocence and the necessity of reliable identification evidence.
The appellate court must demonstrate clear error or perversity in a trial court's acquittal to overturn it, reinforcing the presumption of innocence.
The appellate court upheld the acquittal due to serious flaws in the Test Identification Parade, emphasizing the presumption of innocence and the need for clear evidence of guilt.
Point of law : where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of the evidence which is but barely possible, i....
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the prosecution's failure to prove the accused's guilt beyond reasonable doubt.
The acquittal of an accused cannot be overturned unless compelling evidence beyond reasonable doubt is provided, emphasizing the presumption of innocence and the credibility of witness testimonies.
In acquittal appeals, the appellate court must respect the presumption of innocence and the trial court's findings unless there is clear evidence of illegality or perversity.
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