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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Ramesh Chand – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
The present appeal is directed against the judgment dated 12.12.2012, passed by learned Judicial Magistrate First Class, Rampur Bushahar, District Shimla, H.P. (learned Trial Court) vide which the respondents (accused before learned Trial Court) were acquitted of the commission of offences punishable under Sections 323 and 354 read with Section 34 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 victim (name withheld to protect her identity) made a statement to the police that she had gone to Sheel Naal for grazing her goats on 06.11.2008. She was sitting on the road at about 3:00 PM when Bunty came to the spot. He tried to tear her clothes. The victim resisted. A vehicle came to the spot, and the accused ran away after seeing the vehicle. Soon thereafter, Ramesh came to the spot and bit her cheeks. She shouted for help. Asha Devi (PW2) heard her cries, and she asked the accused to leave the victim. The victim ran away. The victim suffered injuries on her face, breast
Appellate interference with acquittal only if perverse, misreading evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions, inconclusive medicals justify uph....
In appeals against acquittal, interference only if perverse or no reasonable view supports acquittal; unexplained FIR delay, material improvements in victim's testimony, and lack of corroboration jus....
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....
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 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.
The court upheld the trial court's acquittal due to prosecution's failure to prove the accused's guilt beyond reasonable doubt, given inconsistencies and delay in evidence.
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
The main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
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