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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Rajesh Kumar – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 27.09.2012 passed by learned Additional Sessions Judge, Fast Track Court, Ghumarwin, District Bilaspur (learned Appellate Court) vide which the judgment of conviction and order of sentence dated 21.5.2011 passed by learned Judicial Magistrate, First Class, Court No.2, Ghumarwin, District Bilaspur, H.P. were ordered to be set aside. (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 before the learned Trial Court for the commission of offences punishable under Sections 341 and 354 of the Indian Penal Code. It was asserted that the informant/victim (name being withheld to protect her identity) made a complaint asserting that she was coming to her home on 23.08.2008. The accused met her near Hatwar Bazar at about 7:45 P.M. The accused was intoxicated. He started teasing the informant. The victim protested, but the accused caught hold of her breasts and outraged her modesty. The informant bit the arm of the accused to sav
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 in acquittal appeals limited to perverse judgments ignoring evidence where only guilt view possible; unexplained FIR delay, unreliable interested witnesses justify upholding tr....
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.
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 acquittal reinforces the presumption of innocence, and the appellate court must show compelling reasons to overturn such a judgment, especially when the trial court's findings are plausible.
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