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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Jeewana Devi – Appellant
Versus
Sarwani Devi – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 17.02.2011 passed by learned Sessions Judge, Hamirpur (learned Appellate Court), vide which the appeal filed by the respondents No. 1 to 5 (accused before learned Trial Court) was allowed and they were acquitted of the charged offences. (For convenience, the parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court.)
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Sections 325, 504, 506 and 34 of the Indian Penal Code (in short ‘IPC’). It was asserted that the victim/informant-Jeewana Devi (PW1) went to the police station on 09.04.2008 and stated that she was erecting a fence near her house. Sarwani Devi, her daughters-in-law and her sons gave beatings to the victim, but she (the victim) did not know the names of Sarwani’s sons and daughters-in-law. One son of Sarwani Devi had a stick with him, and he caused injuries on the right hand and arm of the victim with the stick. The victim also sustained injuries on other parts of
An acquittal reinforces the presumption of innocence, and the appellate court must show compelling reasons to overturn such a judgment, especially when the trial court's findings are plausible.
An appellate court can only overturn an acquittal if the trial court's decision is perverse or based on a misapprehension of evidence, respecting the presumption of innocence.
In appeals against acquittal, interference only if perverse or no reasonable view supports acquittal; unexplained FIR delay, material improvements in victim's testimony, and lack of corroboration jus....
In criminal appeals against acquittal, the presumption of innocence strengthens upon acquittal, and appellate intervention is limited unless the trial court's judgment demonstrates illegality or irra....
In appeals against acquittal, interference warranted only if trial court's judgment patently perverse, misreads evidence, or no reasonable acquittal view possible on record.
The appellate court may overturn a trial acquittal only if clear evidence of wrongdoing exists; otherwise, the acquittal stands due to the presumption of innocence.
Appellate courts interfere with acquittal only if perverse or no reasonable view possible; non-explanation of accused injuries, witness contradictions, inconsistent prosecution version justify uphold....
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
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