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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
TARLOK SINGH CHAUHAN, RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Varinder Soran – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
Aggrieved by the acquittal of the respondent for the commission of offence punishable under Sections 376, 377, 506 and 417 of the Indian Penal Code (for short the ‘IPC’), the State has filed the instant appeal.
2. The prosecution story, in a brief, is that on 18.04.2013, ASI Madan Lal (PW-20), Incharge, Police Post, City, Una, along with other police officials, was on patrol duty near Government School, Galua (Una). At around, 4.20 p.m., the prosecutrix along with her husband met the police party and prosecutrix got her statement Ext. PW1/A recorded under Section 154 Cr.P.C. in the presence of Lady Constable Jeewan Jyoti. The prosecutrix stated that her marriage had been conducted with one Mukesh in the year 2004 and two children were born out of the wedlock. Her father-in-law and mother-in-law were suffering from leprosy and therefore, they were residing in “Kushth Ashram”, Una where she along with her husband and children was residing in a “Jhuggi” (thatched shed). Her husband was labourer by profession and in the day time, she along with her children remained in the “Kushth Ashram” for serving her in-laws. In the “Kushth Ashram”, there was a lady
The appellate court must respect the presumption of innocence and cannot overturn an acquittal unless it finds that the only conclusion possible from the evidence is guilt beyond a reasonable doubt.
Point of Law : In any event, High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising revisional jurisdiction. Even while exercising an appellate power a....
The judgment emphasizes the need for substantive evidence and highlights that suspicion cannot substitute proof. It also underscores the importance of scrutinizing circumstantial evidence in a carefu....
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
The presumption of innocence remains strong unless compelling evidence demonstrates otherwise, particularly in cases of acquittal.
Evidence of hostile witnesses - It is settled position of law that a statement under Section 164 of Cr.PC. is not substantive evidence. It can be used to corroborate statement of a witness. It can be....
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
Point of law: In any event the High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising revisional jurisdiction. Even while exercising an appellate power....
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