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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN,J, SUSHIL KUKREJA,J
State of H.P. – Appellant
Versus
Hardev Singh – Respondent
JUDGMENT :
Sushil Kukreja, J.
Aggrieved by the acquittal of the respondent under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”), the State has filed the instant appeal with a prayer to set aside the impugned judgment dated 25.11.2014, passed by the learned Special Judge-II, Kullu, District Kullu, H.P., in Sessions Trial No. 77 of 2014.
2. Briefly stating facts giving rise to the present appeal, as per the prosecution story are that on 23.02.2014, around 09:30 A.M., a police party was on patrolling and traffic checking duty towards Sheetala Mata temple and near bridge, one Mahindra Tempo bearing No. HP-66-1992 came from Shishamati Bihal which was signaled to stop. The aforesaid vehicle was being driven by accused Hardev Singh. The accused was asked to produce the documents of the aforesaid tempo, however, he could not produce the same and got perplexed. The Investigating Officer Yog Raj started checking the aforesaid vehicle and the accused told that nothing was in the vehicle and he was going to get the spare tyre (stepney) of the vehicle repaired. On this, Investigating Officer Yog Raj gave a hand blow on the spare tyre (stepney) of th
The presumption of innocence strengthens after acquittal, and appellate courts should not overturn such findings unless compelling evidence demonstrates 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.
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
The appellate court affirmed that a trial court's acquittal may not be disturbed unless it is found to suffer from patent perversity or misreading of evidence.
Appeal against acquittal – No interference is required with appeal against acquittal merely because some other view is possible.
The judgment establishes the importance of proving guilt beyond reasonable doubt, the application of the principle of parity in cases with similar evidence against co-accused, and the relevance of in....
In appeals against acquittal, the appellate court must respect the presumption of innocence and only intervene when the trial court's findings demonstrate clear legal error or perverse reasoning.
Non-compliance with Section 42(2) of the NDPS Act is fatal to the prosecution case, and the powers of the appellate court in appeals against acquittal should be exercised with caution.
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
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