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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
Ranjit Singh – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellant-State under Section 378 of the Code of Criminal Procedure (Cr.P.C.) against the judgment of acquittal dated 22.03.2014, passed by learned Additional Sessions Judge-I, Kangra at Dharamshala, H.P. (Circuit Court at Indora), in Sessions Case (RBT) No. 28/I/13/10, whereby the accused (respondent herein) was acquitted of the charge for commission of the offences punishable under Sections 307, 324, 341, 323 and 506 of the Indian Penal Code (for short ‘IPC’).
2. Briefly stated the facts of the case, giving rise to instant appeal, as per the prosecution story, are that on 01.01.2009, at about 11:00 p.m., at place Dhakka Colony, Ranjit Singh-accused (respondent herein) wrongfully restrained Shri Ram Dutt (complainant/injured) from proceeding further on his way to his house and inflicted injuries on him with intention and knowledge under such circumstances that his act(s) would have caused death of the complainant. The accused also threatened the complainant to his life to cause his death or to cause grievous hurt. The statement of the complainant under Section 154 Cr.P.C. was recorded, whereupon an FIR under t
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.
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....
The presumption of innocence, the reluctance to interfere with an order of acquittal unless there are compelling circumstances, and the duty of the appellate court to reappreciate the evidence and ar....
Appellate courts should not interfere with acquittal if trial court's view is reasonably possible, reinforced by double presumption of innocence; reversal only if perverse or compelling circumstances....
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.
Point of Law : It is cardinal principle of criminal justice system that when there is satisfactory explanation for non-examination of independent witnesses, conviction can be based solely on the test....
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