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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P – Appellant
Versus
Puran Chand – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 29.02.2012, passed by learned Additional Sessions Judge- II, Kangra at Dharamshala, District Kangra (HP) (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 07.08.2008, passed by learned Judicial Magistrate First Class, Jawali, District Kangra, H.P. (learned Trial Court) were 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 against the accused for the commission of offences punishable under Sections 323, 325, 341, 342 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’). It was asserted that the informant, Swaroop Singh (PW1), is running a milk dairy at his home. He supplies milk to various people, including the accused (Puran Chand). Puran Chand complained to the informant about the quality of the milk 3-4 days before the incident. The informant replied that he did not have any other milk, and if t
Appellate courts interfere with acquittal only if perverse or no reasonable view possible; non-explanation of accused injuries, witness contradictions, inconsistent prosecution version justify uphold....
The appellate court may overturn a trial acquittal only if clear evidence of wrongdoing exists; otherwise, the acquittal stands due to the presumption of innocence.
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.
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