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MOHAN LAL
State of Jammu and Kashmir – Appellant
Versus
Sanjay Kumar – Respondent
JUDGMENT :
Mohan Lal, J.
1. Instant Criminal Acquittal Appeal is directed against the judgment dated 01.03.2013 rendered by the court of Ld. Sessions Judge Udhampur in File No. 13/ Sessions titled State v. Sanjay Kumar & Ors., whereby, respondents/accused have been acquitted of the charges for commission of offences u/ss 498-A/306 RPC in FIR No. 60/ 2009 Police Station Rehmbal (Udhampur).
2. Aggrieved of and dissatisfied with the impugned judgment, appellant/state has questioned it's legality, propriety and correctness on the following grounds:-
(ii) that it is settled position of law that the paramount consideration of the court should be to ensure that miscarriage of justice is prevented, law is no longer res-integra that in a case where admissible evidence is ignored, a duty is cast upon the appellate court to re-appreciate the evidence where accused has been acquitted for the purpose of ascertaining as to whether accused really
In appeals against acquittal, the presumption of innocence prevails, requiring clear evidence of instigation or cruelty for a conviction under IPC sections concerning abetment of suicide.
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
The appellate court must respect the presumption of innocence and not interfere with acquittal unless the trial court's conclusion is unreasonable.
Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
Conviction requires reliable, corroborative evidence beyond hearsay to prove charges under Sections 498A and 306 IPC.
A conviction under IPC Sections 498-A and 304-B requires clear evidence of a direct link between cruelty and the death, which was not proven in this case.
In cases of alleged abetment of suicide, the prosecution must prove direct or indirect acts of incitement to the commission of suicide, and the evidence must establish that the victim was left with n....
Mere allegations of harassment without proximate actions leading to suicide do not constitute abetment under Section 306 RPC.
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