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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Rajesh Kumar – Respondent
| Table of Content |
|---|
| 1. molestation charge: trial conviction, appellate acquittal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. state challenges acquittal; defense upholds reasonable view. (Para 8 , 9 , 10 , 11) |
| 3. interfere with acquittal only if patently perverse. (Para 12 , 13 , 14) |
| 4. unexplained fir delay requires cautious evidence scrutiny. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. absent medical corroboration weakens prosecution case. (Para 22) |
| 6. eyewitnesses confirm incident but doubt identity. (Para 23 , 24 , 25) |
| 7. victim's testimony materially inconsistent with complaint. (Para 26 , 27 , 28 , 29 , 30) |
| 8. panchayat witnesses deny victim's prior disclosure. (Para 31 , 32 , 33) |
| 9. prior similar acts inadmissible as propensity evidence. (Para 34 , 35 , 36 , 37) |
| 10. uphold acquittal as possible reasonable view. (Para 38 , 39 , 40 , 41) |
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, D
High Court will not interfere with acquittal unless patently perverse or ignores material evidence; unexplained FIR delay, testimonial contradictions, absent medical corroboration, and inadmissible s....
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 justified only if perverse, ignores material evidence, or no reasonable innocence view possible; here upheld due to contradictions, delay, defence credibility.
Appellate court should not interfere with reasonable acquittal view despite alternate possibility, factoring FIR delay, night identification doubts, intoxication-enabled fall injuries, strained relat....
Appellate reversal of acquittal unsustainable unless trial judgment perverse, ignores evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions justify caution....
In appeal against acquittal lacking reasons, re-appreciation permissible; no interference if Trial Court view sustainable despite evidentiary infirmities like hostile witnesses, FIR delay and absent ....
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....
Revisional jurisdiction allows setting aside perverse concurrent convictions where prosecution story is physically implausible, lacks corroboration, relies on inadmissible evidence, despite general b....
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....
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