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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Tara Devi – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. assault during disputed land construction. (Para 1 , 2) |
| 2. convictions upheld on witness-medical corroboration. (Para 3 , 4 , 5 , 6 , 7) |
| 3. arguments on contradictions, aggressor, and tampering. (Para 8 , 9 , 10 , 11) |
| 4. revision limited to perversity or jurisdictional error. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. medical discrepancies, unexplained injuries create doubt. (Para 19 , 20 , 21 , 22 , 23) |
| 6. unreliable interested witnesses lack independent corroboration. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. lower courts perversely ignored evidentiary doubts. (Para 38) |
| 8. acquittal on benefit of reasonable doubt. (Para 39 , 40 , 41) |
Judgment :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 16.5.2014, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Camp at Bilaspur (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 30.1.2013, passed by learned Judicial Magistrate First Class, Court No. 2, Ghumarwin, District Bilaspur (learned Trial Court), were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed be
Revisional jurisdiction limited to perversity; concurrent convictions set aside for overlooked medical discrepancies, unexplained accused injuries with interested witnesses, and reasonable doubt from....
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....
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....
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 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....
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....
In appeal against acquittal, interference only if perverse, misreads evidence or guilt sole possible view; upheld here due to medical inconsistencies, unexplained accused injuries, improbable facts, ....
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....
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