Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Sanjay Kumar – Respondent
1. The present appeal is directed against the judgment dated 01.04.2010 passed by learned Sessions Judge, Sirmaur at Nahan, vide which the appeal filed by the respondent (accused before the learned Trial Court) was accepted and he was acquitted of the charges framed against him. (The parties shall hereinafter be referred 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 informant Bimla Chauhan was posted as Principal in Government High School, Chakli. She had gone to SBI Nahan to withdraw the cash on 05.09.2005. She got down at Behradwala. She was talking to her brother when the deceased Bhupesh came on his motorcycle bearing registration No. HP- 18A-2709 from Khadder-Ka-Bagh. A truck bearing registration No. PB10-AZ-1012 came from the opposite side at a high speed and hit the motorcycle towards the wrong side. The motorcycle was dragged for 15-20 feet. The truck crushed Bhupesh and fell into a gorge. Bhupesh died in the accident. An intimation was given to the police. The police recorded an entry in the daily diary. ASI-Ram Singh (PW8) wen
An appellate court must not overturn a trial court's acquittal unless the trial court's view is impossible, potentially perverse, and the weight of evidence contradicts the acquittal.
The main legal point established in the judgment is that the failure to prove the identity of the driver led to the acquittal of the accused, but the appeal allowed and the accused was convicted for ....
In acquittal appeals, no interference unless perverse; 'high speed' without quantification or collision corroboration fails to prove rash/negligent driving; trial court's reasonable view upheld.
The court upheld the acquittal of the accused due to insufficient evidence proving negligence or recklessness beyond a reasonable doubt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
