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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
State of Himachal Pradesh – Appellant
Versus
Ashwani Kumar – Respondent
| Table of Content |
|---|
| 1. injuries and statements of witnesses (Para 4 , 5) |
| 2. accident description and charges (Para 7 , 8 , 10 , 11 , 12 , 13 , 14) |
| 3. post-mortem request and charges (Para 9) |
| 4. arguments by the state (Para 15 , 16 , 17) |
| 5. defense arguments (Para 18) |
| 6. scope of appeal against acquittal (Para 19 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 7. principles of reviewing acquittals (Para 20) |
| 8. trial court's findings (Para 31) |
| 9. judgment upheld (Para 32 , 33) |
JUDGMENT :
Virender Singh, J.
1. By virtue of the present appeal, filed under Section 378 of the Code of Criminal Procedure (hereinafter referred to as the ‘CrPC’), the State of Himachal Pradesh has assailed the judgment of acquittal dated 09.03.2010, passed by the Court of learned Judicial Magistrate 1st Class, Court No.I, Amb, District Una, H.P. (hereinafter referred to as ‘trial Court’).
2. By way of the judgment of acquittal, dated 09.03.2010, the learned trial Court has acquitted respondent-Ashwani Kumar (hereinafter referred to as the ‘accused’), in Police Challan No.72-II-2005, from the charges, framed against him, under Sections 279, 337 and 304A of the Indian Penal Code (hereinafter referred to as the ‘IPC’).
3. Bri
The appellate court must uphold acquittals unless the trial court's findings are perverse or unsustainable, respecting the presumption of innocence.
It is well settled by catena of decisions that an appellate Court has full power to review, re-appreciate and consider the evidence upon which the order of acquittal is founded.
In appeals against acquittal, interference only if trial findings perverse, ignoring material evidence, or guilt sole possible view; double innocence presumption applies.
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 judgment emphasizes the principle that an order of acquittal should not be interfered with unless it is shown to be arrived at by incorrect or perverse appreciation of the evidence on record and ....
It is settled law that if main grounds on which lower Court has based its order acquitting accused are reasonable and plausible, and same cannot be entirely and effectively be dislodged or demolished....
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....
In appeals against acquittal, courts must uphold the presumption of innocence and require a high burden of proof on the prosecution to demonstrate perverse findings to overturn an acquittal.
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