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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Rakesh Kumar – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 30.04.2014 passed by learned Judicial Magistrate First Class, Dharamshala, District Kangra, H.P. (learned Trial Court) vide which the respondents (accused before learned Trial Court) were acquitted of the commission of offences punishable under Sections 147, 148, 323, and 325, read with Section 149 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 filed a charge sheet against the accused persons for the commission of offences punishable under Sections 147, 148, 323 and 325 read with Section 149 of the IPC. It was asserted that the informant, Rajnish Kumar, was running a shop. He and his brother Sajneesh Kumar (PW2) were closing the shop on 14.02.2009 at about 8:30 PM. Rakesh Kumar @ Rinku and Pankaj @ Pinku came to the shop and started abusing them. Rakesh Kumar inflicted a blow on the informant’s head by means of a brick. Rakesh and Pankaj gave beatings to the informant and Sajneesh Kumar (PW2). Prakash
In appeals against acquittal, interference warranted only if trial court's judgment patently perverse, misreads evidence, or no reasonable acquittal view possible on record.
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.
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 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.
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
Appellate interference in acquittal appeals limited to perverse judgments ignoring evidence where only guilt view possible; unexplained FIR delay, unreliable interested witnesses justify upholding tr....
If by coincidence or chance, a person happens to be at place of occurrence at time it is taking place, he is called a chance witness. And if such a person happens to be a relative or friend of victim....
If by coincidence or chance, a person happens to be at place of occurrence at time it is taking place, he is called a chance witness. And if such a person happens to be a relative or friend of victim....
The court upheld the acquittal of the accused due to insufficient evidence proving negligence or recklessness beyond a reasonable doubt.
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