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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sohan Lal – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. lower courts convicted for grievous assault. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on alibi, enmity, evidence contradictions. (Para 8 , 9 , 10 , 11) |
| 3. revisional jurisdiction limited to patent errors. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. evidence doubts from witnesses, alibi, recovery. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. acquittal granting benefit of doubt. (Para 35 , 36 , 37) |
JUDGMENT :
Rakesh Kainthla, Judge
The present revision is directed against the judgment dated 20.06.2014, passed by learned Additional Sessions Judge (I), Mandi, H.P. (learned Appellate Court), vide which the judgment of conviction dated 22.06.2011 and order of sentence dated 27.06.2011 passed by learned Judicial Magistrate First Class, Court No.2, District Mandi, H.P. (learned Trial Court) were upheld. (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 revision are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Sections 323, 341, 5
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 under CrPC 397 limited to patent defects/perversity; cannot re-appreciate evidence or disturb concurrent convictions based on credible testimony despite minor discrepancies or....
Revisional jurisdiction limited to perversity; concurrent convictions set aside for overlooked medical discrepancies, unexplained accused injuries with interested witnesses, and reasonable doubt from....
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 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 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 Section 397 is limited; no re-appreciation of evidence absent perversity in concurrent conviction for assaulting public servant, causing simple hurt and damaging pu....
Appellate interference in acquittal only if perverse or no reasonable acquittal view possible; upheld trial court's reasonable findings on witness contradictions, medical non-corroboration, and lack ....
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