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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Tarlok Singh Chauhan, Mr. Justice Sushil Kukreja, JJ
State of Himachal Pradesh – Appellant
Versus
Prem Singh – Respondent
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, b
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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