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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, SATYEN VAIDYA
State of H.P. - – Appellant
Versus
Mehar Singh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the State has sought leave to appeal against judgment of acquittal passed by learned Sessions Judge, Bilaspur, District Bilaspur, H.P. in sessions Trial No. 18/7 of 2019, on 31st March, 2023.
2. On 25th May, 2019, a case was registered at Women Police Station, Hamirpur against the respondent under Sections 376 and 354-A of the IPC vide FIR Ex.PW14/A.
3. The case in brief as set up by the prosecution was that the prosecutrix was daughter-in-law of the respondent. She had alleged that respondent had committed rape on her for multiple times besides outraging her modesty. As per the prosecutrix, she was married to the son of respondent in July, 2018 and till the date of submission of compliant to the police, she had been raped thrice by the respondents, firstly, in the month of October, 2018, thereafter in the month of December, 2018 and lastly in April-May 2019. The prosecutrix had further alleged that she had complained about the sexual assaults made on her by the respondent to her husband and her mother-in-law, but none of them had helped her.
4. Lastly, the prosecutrix had made a complaint to her mother and the mother of the prose
The appellate court's power to review evidence in acquittal appeals is limited, and interference is justified only in exceptional cases with compelling circumstances and when the judgment under appea....
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 in favor of the accused is reinforced by the trial court's acquittal, and appellate courts should only interfere with an order of acquittal in exceptional cases with comp....
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