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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Ramesh Chand – Respondent
| Table of Content |
|---|
| 1. prosecution case of molestation, injuries, and trial evidence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. acquittal due to delayed fir and contradictions. (Para 6) |
| 3. state challenges acquittal; defense upholds trial view. (Para 7 , 8 , 9 , 10) |
| 4. interfere with acquittal only if perverse or unreasonable. (Para 11 , 12 , 13 , 14) |
| 5. unexplained fir delay undermines prosecution credibility. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. victim and eyewitness testimonies lack corroboration. (Para 21 , 22 , 23 , 24 , 25) |
| 7. medical evidence doubtful; assaults improbably independent. (Para 26 , 27 , 28 , 29 , 30) |
| 8. uphold reasonable trial acquittal; dismiss appeal. (Para 31 , 32 , 33 , 34) |
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
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 court should not interfere with reasonable acquittal view despite alternate possibility, factoring FIR delay, night identification doubts, intoxication-enabled fall injuries, strained relat....
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....
Appellate interference in acquittal appeals limited to perverse findings or sole guilt view; unexplained FIR delay, testimony contradictions, enmity motive, non-corroborative medicals, and SC/ST inve....
Appellate interference with acquittal justified only if perverse, ignores material evidence, or no reasonable innocence view possible; here upheld due to contradictions, delay, defence credibility.
Appellate courts interfere with acquittal only if perverse or no reasonable view possible; non-explanation of accused injuries, witness contradictions, inconsistent prosecution version justify uphold....
Appellate court interferes with acquittal only if trial finding perverse, misreads evidence, or solely guilt-consistent view possible; reasonable doubt from discrepancies justifies upholding acquitta....
Victim's credible testimony in sexual offence cases suffices despite minor discrepancies from cross-examination/illiteracy, FIR delay in conservative society, absent injuries; corroborated by matchin....
In appeal against acquittal lacking reasons, re-appreciation permissible; no interference if Trial Court view sustainable despite evidentiary infirmities like hostile witnesses, FIR delay and absent ....
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