Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Gaurav Joshi – Respondent
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 Kumar alongwith Mohd. Abid and Kira was going from Delhi Gate to popular Dhaba near Hindu Ashram Road, Nahan and at around 3.00 PM near Science Block, Nahan, accused Gaurav Joshi came on the road and stopped them. Allegedly, when accused Gaurav Joshi misbehaved with Kira, complainant interfered, but in turn accused Gaurav Joshi gave fist blow on his nose and Kira due to fear fled away from the spot, whereas Mohd. Abid also tried to patch up the matter, but yet accused Gaurav Joshi started giving beatings to him. Allegedly, accused Gaurav Joshi called his b
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.
The judgment reinforces the principle of presumption of innocence and the requirement for clear and convincing evidence to establish guilt, emphasizing the reluctance to disturb a finding of acquitta....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
