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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Satish Kumar – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 04.11.2009, passed by learned Judicial Magistrate First Class, Rajgarh, District Sirmour, H.P. (learned Trial Court) vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of offences punishable under Sections 34 1, 354, 323, 427 & 506 read with Section 34 of INDIAN PENAL CODE (for short “IPC”). (Parties shall hereinafter be referred Whether reporters of the local papers may be allowed to see the judgment? Yes to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial for the commission of offences punishable under Sections 34 1, 354, 323, 427 & 506 read with Section 34 of IPC. It was asserted that the informant (the name being withheld to protect her identity), her sons and her husband were travelling in an Alto car bearing registration No. HP16-1982 being driven by the informant’s sons. The informant’s husband had undergone an operation in the Sanjeevni Nursing Home at Solan, H.P. for the rem
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....
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.
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.
The prosecution failed to prove the case beyond a reasonable doubt due to inconsistencies in witness testimonies and the acquittal of co-accused on similar evidence.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
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