Back
SUDHIR SINGH, KARAMJIT SINGH
State of Hayana – Appellant
Versus
Karam Chand – Respondent
JUDGMENT
Mr. Karamjit Singh, J.
This leave to appeal is directed against judgment dated 19.05.2017 rendered by the Court of Additional Sessions Judge, Sirsa vide which, it acquitted the accused (now respondents), in a criminal case having FIR No.495 dated 23.05.2014 under Sections 307, 323, 341 IPC, Police Station City Sirsa.
2. The facts of prosecution case, in brief, are that complainant Banwari Lal was a tractor driver and on 17.05.2014, his employer (a tractor owner) called him to his house and the complainant was coming back to his house after meeting his employer and on the way at about 11:30 PM, he was intercepted by Bablu @ Suraj, who slapped the complainant upon which the complainant shouted and then Baljit, younger brother of Bablu @ Suraj, also came there and then both the brothers forcibly took the complainant to their house. Karam Chand father of Bablu @ Suraj and Baljit Singh was present in the house and then all three of them started beating the complainant. In the meantime, Ramesh son of Uday Pal and Billu son of unknown also reached there and they also started thrashing the complainant. One of the accused pushed the complainant as a result of which, head of the comp
The court upheld the acquittal of the accused due to unexplained delay in FIR lodging and lack of corroborative evidence, emphasizing the presumption of innocence.
Prosecution must prove guilt beyond a reasonable doubt; contradictions in witness testimony and unexplained delays undermine prosecution's case, supporting acquittal.
Appellate interference in acquittal appeals limited to perverse judgments ignoring evidence where only guilt view possible; unexplained FIR delay, unreliable interested witnesses justify upholding tr....
Appellate interference with acquittal only if perverse, misreading evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions, inconclusive medicals justify uph....
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....
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.
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
