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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Gaurav Joshi – Respondent
| Table of Content |
|---|
| 1. prosecution alleges accused assaulted victims over shop possession. (Para 1 , 2 , 3 , 4 , 5) |
| 2. state contests acquittal; defense cites contradictions and litigation. (Para 6 , 7 , 8) |
| 3. contradictions in witnesses and absent independents create doubt. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. interested witnesses demand caution; material inconsistencies undermine case. (Para 15 , 16 , 17) |
| 5. consistency essential; two views favor accused benefit of doubt. (Para 18 , 19 , 20 , 21) |
| 6. acquittal upheld for lack of proof beyond doubt. (Para 22 , 23) |
JUDGMENT :
Sandeep Sharma, J.
Instant Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, lays challenge to judgment of acquittal dated 16.06.2011 passed by learned Chief Judicial Magistrate, Sirmour, District Nahan, Himachal Pradesh in case No.1/2 of 2010/09 titled Gaurav Joshi & others vs. State of Himachal Pradesh, whereby learned trial held respondents-accused (hereinafter referred to as the accused) not guilty of having committed offence punishable under Sections 341,323 and 325 read with Section 34 of IPC and accordingly acquitted them.
2. In nutshell, case of the prosecution is that complainant Jitender K
In appeal against acquittal, material contradictions in interested witnesses' inconsistent testimonies, absence of independent corroboration and two possible views from evidence justify upholding acq....
In appeals against acquittal, material contradictions in prosecution witnesses, doubtful presence, and failure to examine natural witnesses entitle accused to benefit of doubt where two views possibl....
The judgment underscores the principle of presumption of innocence, the requirement for clear and convincing evidence to establish guilt, and the reluctance to disturb a finding of acquittal without ....
Acquittal upheld in appeal where prosecution evidence lacks consistency, eye-witnesses resile, medical opinions contradict on injury nature, and investigation shows material lapses.
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