Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ramesh Chand – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. factual background of alleged assault and trial proceedings (Para 1 , 2 , 3 , 4 , 5) |
| 2. lower courts upheld conviction on victim testimony (Para 6 , 7) |
| 3. petitioner alleges improbabilities; state defends corroboration (Para 8 , 10 , 11) |
| 4. revisional jurisdiction limited absent perversity (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. prosecution story physically improbable (Para 19 , 20 , 21) |
| 6. eyewitnesses fail to corroborate victim (Para 22 , 23 , 24 , 25 , 26) |
| 7. delayed hearsay inadmissible as res gestae (Para 27 , 28) |
| 8. prior compromise inadmissible under evidence act s.14 (Para 29 , 30 , 31 , 32) |
| 9. medical evidence doubtful; enmity motivates false case (Para 33 , 34) |
| 10. uncorroborated improbable victim testimony unreliable (Para 35 , 36 , 37) |
| 11. revision allowed; convictions set aside (Para 38 , 39 , 40) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 26.2.2013, passed by learned Additional Sessions Judge, Fast Track Court, Hamirpur, H.P. (learned Appellate Court), vide which the judgment of conviction dated 18.4.2012 and order of sentence dated 27.4.2012, passed by learned Judicial Magistrate First Class, Barsar, District H
Revisional jurisdiction allows setting aside perverse concurrent convictions where prosecution story is physically implausible, lacks corroboration, relies on inadmissible evidence, despite general b....
High Court in revision acquitted accused of outraging modesty and hurt, holding lower courts perversely ignored prosecution infirmities like no early molestation complaint, independent witnesses supp....
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....
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....
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.
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....
Revisional jurisdiction limited; cannot re-appreciate evidence to upset concurrent convictions absent perversity, jurisdictional error, or miscarriage of justice; injured witness testimony highly rel....
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
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....
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
