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SURESHWAR THAKUR, KULDEEP TIWARI
Ranjit Kaur @ Rimpy – Appellant
Versus
Bhupinder Singh – Respondent
| Table of Content |
|---|
| 1. details of the complainant's marriage and incident. (Para 2 , 3) |
| 2. summary of investigation and trial processes. (Para 4 , 5 , 6 , 7) |
| 3. arguments presented by both parties. (Para 8 , 9) |
| 4. court's observations on fir delay and evidence credibility. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. court analysis indicates no assault; injuries from accident. (Para 16 , 17) |
| 6. decision to dismiss the appeal. (Para 18) |
JUDGMENT
Mr. Sureshwar Thakur, J.
The learned Additional Sessions Judge, Sirsa, through a verdict drawn on 01.10.2019, upon CNR No.HRS101001081-2018, made a verdict of acquittal upon the accused. The verdict of acquittal (supra) has been assailed, before this Court, at the instance of the aggrieved therefrom complainant, appellant herein.
Factual background
2. The genesis of the prosecution case becomes embodied in the appeal FIR, to which Mark DX2 has been assigned. The narrations carried in Mark DX2 are, that the complainant Ranjit Kaur @ Rimpy was married to Gurpreet Singh son of Sukhdev Singh, in the year 2004 and from the said wedlock, a daughter namely Jashanpreet Kaur was born. However, her husband died on 16.6.2007 and after the death of her husband her parents-
Appellate interference with acquittal only if perverse, misreading evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions, inconclusive medicals justify uph....
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.
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....
Prosecution must prove guilt beyond a reasonable doubt; contradictions in witness testimony and unexplained delays undermine prosecution's case, supporting acquittal.
Appellate court should not interfere with reasonable acquittal view despite alternate possibility, factoring FIR delay, night identification doubts, intoxication-enabled fall injuries, strained relat....
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.
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