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KULDEEP TIWARI
Jugraj Singh – Appellant
Versus
Gurmeet Kaur – Respondent
JUDGMENT
Kuldeep Tiwari, J. (Oral)
The instant application under Section 378(4) of the Cr.P.C., seeking grant of leave to appeal, has been filed by the present applicant against the judgment of acquittal recorded by the learned trial court concerned, in a private complaint No. 16 dated 20.9.2014, registered under Sections 494, 114 of the Indian Penal Code, whereby, the respondents have been acquitted of the charges framed against them.
2. Learned counsel for the applicant has submitted that the applicant, who is complainant, has proved charges by leading cogent evidence beyond reasonable doubt, which has not been appreciated by the learned trial court concerned, in its right perspective. He has further submitted that Mark-C3, which is the self suffered statement of Gurmeet Kaur accused-respondent no. 1, proved that she has solemnized second marriage during the life time of her husband Jugraj Singh (the present complainant-applicant). He has also submitted that the statement of Bhupinder Singh, who is an independent witness, and has stepped into the witness box as CW3, clearly proved the factum that Gurmeet Kaur has solemnized marriage with respondent No. 2-Ramesh Singh, on dated 28.7
The burden of proof in criminal cases lies with the complainant, and failure to provide sufficient evidence results in acquittal.
The prosecution must prove the essential ceremonies of marriage to establish bigamy under IPC Sections 494 and 495.
The prosecution must prove charges beyond reasonable doubt; acquittal is upheld when evidence does not convincingly establish guilt.
The judgment emphasizes the need for substantial and compelling reasons to disturb the finding of acquittal and the duty of the appellate court to re-evaluate evidence to prevent miscarriage of justi....
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
The judgment emphasized the presumption of innocence, the principles for interference with a judgment of acquittal, and the need for trustworthy evidence to prove the charges beyond reasonable doubt.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
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