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SUMEET GOEL
X(755) – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
CRM-A-755-2022
This is an application under Sections 378 (4) of Code of Criminal Procedure seeking leave to file an appeal against order dated 05.07.2022 passed by Judicial Magistrate Ist Class, Panchkula.
In view of submission made by learned counsel for the applicant and for the reasons stated in the application, the same is allowed. Registry is directed to assign the number to proposed appeal accompanying the application seeking leave to file appeal today itself.
With the consent of learned counsel, the main case is taken up on board for hearing today itself.
Main Case
Present appeal is directed against the Judgement date 05.07.2022 passed by Judicial Magistrate Ist Class, Panchkula, whereby respondent Nos.2 to 5 (herein) were acquitted from the charges under Sections 323,406, 498-A, 506 and 120-B of IPC in a criminal complaint filed by the complainant-applicant.
2. For clarity and simplicity, the complainant- appellant, who has filed the complaint in question, will be referred to as the complainant’ while respondent Nos.2 to 5, the accused in the complaint in question, will be referred to as the accused throughout this judgment.
3. In the present appeal, the p
The prosecution must establish guilt beyond reasonable doubt; failure to do so results in acquittal.
The presumption of innocence in acquittals is reinforced, and revisional jurisdiction should only be exercised in exceptional cases of manifest illegality or gross miscarriage of justice.
The absence of clear evidence establishing guilt is essential for upholding acquittals in domestic violence cases.
The appellate court must respect the presumption of innocence and can only overturn an acquittal if compelling evidence warrants such action.
The judgment emphasizes the importance of corroboration of oral evidence and the need for proof of fundamental facts in cases of dowry harassment.
Prosecution must prove guilt beyond reasonable doubt; acquittals should only be overturned on compelling grounds.
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
Point of Law : The scope of Section 378 of Cr.P.C., in dealing with an appeal against the order of acquittal is to be borne in mind.
The presumption of innocence, the need for clear evidence to prove guilt, and the reluctance to disturb a finding of acquittal unless it is perverse or unsustainable in law.
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