State of H.P. vs Nisha Kumari - 2026 Supreme(HP) 217

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 217

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

Advocates Appeared:
For the Appellant : Lokender Kutlehria
For the Respondent: Anjali Soni Verma

Table of Content
1. acquittal by trial court in grievous hurt case (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments on evidence and strained relations (Para 7 , 8 , 9 , 10)
3. interfere only if acquittal perverse or unreasonable (Para 11 , 12 , 13 , 14)
4. contradictions, prior fracture discredit prosecution version (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
5. appeal dismissed upholding trial court view (Para 25 , 26 , 27)

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 22.03.2014, passed by learned Additional Chief Judicial Magistrate, Palampur, District Kangra, H.P. (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Section 325 of the Indian Penal Code (IPC). (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 the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 323 and 325 of the IPC. It was asserted that