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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Gurmeet Singh @ Meeta – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. policeman assaulted preventing public liquor consumption. (Para 1 , 2) |
| 2. trial convicted on official witnesses; appeal upheld. (Para 3 , 4 , 5 , 6 , 7) |
| 3. revision contends contradictions, harsh sentence. (Para 8 , 9 , 10 , 11) |
| 4. revisional court limits to patent errors, perversity. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. suggestion binds accused, proves presence, consumption. (Para 18 , 19 , 20) |
| 6. credible testimony overrides medical alternatives. (Para 21 , 22 , 23) |
| 7. official witnesses, recoveries corroborate assault. (Para 24 , 25 , 26 , 27 , 28) |
| 8. hostile witnesses discredited by inconsistencies. (Para 29 , 30 , 31 , 32 , 33) |
| 9. section 332 ipc ingredients satisfied. (Para 34) |
| 10. no probation for public servant assault. (Para 35 , 36) |
| 11. revision dismissed, concurrent findings affirmed. (Para 37 , 38 , 39) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 11.4.2014, passed by learned Sessions Judge, Sirmour District at Nahan, (learned Appellate Court) vide which the judgment of conviction dated 21.2.2013 and order of sentence dated 25.2.2013, passed by learned Chief Judicial Magistrate, Sirmour District at Nahan (learned
Revisional court cannot reappraise evidence or interfere with concurrent conviction for assault on public servant absent perversity; official testimonies, medical evidence and cross-suggestions suffi....
Revisional jurisdiction under CrPC Section 397 is limited; no re-appreciation of evidence absent perversity in concurrent conviction for assaulting public servant, causing simple hurt and damaging pu....
Revisional jurisdiction under CrPC 397 limited to patent defects/perversity; cannot re-appreciate evidence or disturb concurrent convictions based on credible testimony despite minor discrepancies or....
A conviction under an offence cannot be sustained without a specific charge, and minor discrepancies in witness testimonies do not invalidate the prosecution's case.
Revisional court acquitted accused in face of concurrent convictions, holding lower courts perversely overlooked prosecution doubts from witness contradictions, enmity, suspect recovery and accused's....
Revisional jurisdiction limited; cannot re-appreciate evidence to upset concurrent convictions absent perversity, jurisdictional error, or miscarriage of justice; injured witness testimony highly rel....
Revisional jurisdiction limited to perversity; concurrent convictions set aside for overlooked medical discrepancies, unexplained accused injuries with interested witnesses, and reasonable doubt from....
Revisional court cannot re-appreciate evidence to overturn concurrent acquittal absent perversity; tutored child witness admitting coaching on core penetration fact unreliable without specific corrob....
In appeal against acquittal, interference only if perverse, misreads evidence or guilt sole possible view; upheld here due to medical inconsistencies, unexplained accused injuries, improbable facts, ....
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