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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Onkar Chand – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 16.2.2015, passed by learned Special Judge, Bilaspur, District Bilaspur, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the charged offences. (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 against the accused before the learned Trial Court for the commission of offences punishable under Sections 341, 352 and 506 of the Indian Penal Code (IPC) and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC&ST Act). It was asserted that the informant, Gulab Dass, was present in the shop of Ravi Dutt to buy some articles on 23.8.2010, at about 5.45 PM. The accused Omkar Soni came to the shop and caught the informant by his neck. He told the informant that he (the informant) had made a complaint regarding the sale of water. The informant asked the accused to leave his neck and told him that he had not made any com
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 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 with acquittal only if perverse, misreading evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions, inconclusive medicals justify uph....
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....
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
In appeals against acquittal, interference warranted only if trial court's judgment patently perverse, misreads evidence, or no reasonable acquittal view possible on record.
The prosecution failed to prove the case beyond a reasonable doubt due to inconsistencies in witness testimonies and the acquittal of co-accused on similar evidence.
The judgment established the principle that an appellate court must have substantial and compelling reasons to reverse an order of acquittal, emphasizing the presumption of innocence in favor of the ....
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