State of H.P. vs Ashok Kumar - 2026 Supreme(HP) 156

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 156

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Ashok Kumar – Respondent

Advocates Appeared:
For the Appellant :Mr Prashant Sen, Deputy Advocate General.
For the Respondent:Mr Nimish Gupta, Advocate.

Table of Content
1. factual background on the case details. (Para 1 , 2)
2. details about the trial and witness testimonies. (Para 3 , 4 , 5)
3. arguments presented by the state in appeal. (Para 6 , 7)
4. arguments made by the defense counsel. (Para 8 , 9 , 10 , 11)
5. standards for appealing an acquittal. (Para 12 , 13 , 14)
6. considerations regarding contradictory testimonies. (Para 15 , 16 , 17)
7. importance of proving negligence. (Para 18 , 19 , 20 , 21)
8. confession admissibility and implications. (Para 22 , 23 , 24 , 25)
9. conclusion on the reliability of the confession. (Para 26 , 27)
10. upholding the trial court's reasonable view. (Para 28 , 29)
11. final decision on the case. (Para 30 , 31 , 32)

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 30.07.2014, passed by learned Judicial Magistrate First Class-I, Dharamshala, District Kangra, H.P. (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 and 304-A of the Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned