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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Yashpal – Respondent
| Table of Content |
|---|
| 1. appeal challenging acquittal judgment filed. (Para 1 , 2) |
| 2. parties dispute driver identity via log sheet. (Para 3 , 4) |
| 3. prosecution fails to prove vehicle and driver identity. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. evidence requires consistency for conviction. (Para 11 , 12) |
| 5. appellate court limits interference in acquittals. (Para 13 , 14) |
| 6. acquittal upheld; appeal dismissed. (Para 15) |
JUDGMENT :
SANDEEP SHARMA, J.
Cr. MP (M) No. 2880 of 2025
1. Heard. Leave to appeal granted. Application stands disposed of.
Criminal Appeal No. 13 of 2026
2. Instant criminal appeal filed under Section 419 of Bharatiya Nagrik Suraksha Sanhita, 2023, lays challenge to judgment of acquittal dated 10.07.2025 passed by learned Judicial Magistrate First Class, Court No. III, Una, District Una, Himachal Pradesh, in Case Registration No.12239 of 2013, under Sections 279, 337, 304-A & 201 of Indian Penal Code and Section 187 of Motor Vehicles Act, whereby learned Court below held the respondent-accused (hereinafter referred to as ‘accused’) not guilty of his having committed offences punishable under the aforesaid provisions.
3. Precisely, the grouse of the appellant/State, as has been highlighte
Acquittal upheld in appeal as prosecution failed to prove driver's and vehicle's identity beyond doubt due to witness inconsistencies and log sheet contradiction, affirming double presumption of inno....
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 ....
Point of Law : It is well settled that specific evidence is required to be adduced on record by prosecution to prove rash and negligent driving, if any, on the part of the accused.
Acquittal under Sections 279, 337, 304-A IPC upheld for unproven accused identity, eyewitness contradictions, absent rash driving proof, non-examined key witnesses, and victims' alcohol influence ind....
Appellate courts interfere with acquittal only if perverse or ignoring material evidence; prosecution must ensure witness production despite summons; accused statements to police inadmissible as evid....
The appellate court held that identification of an accused in court is ineffective without prior identification procedures, and acquittals are upheld unless proven unjust.
Point of law : 42(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
Acquittal upheld as prosecution failed to prove driver identity without test parade for strangers and negligence via facts, not witness opinions; appellate court interferes only if perverse.
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