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SUMEET GOEL
Madeep Kaur – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
Present revision petition has been filed against the judgment dated 16.07.2024 passed by the learned Additional Sessions Judge, Kaithal upholding the order dated 29.07.2022 passed by the learned Judicial Magistrate Ist Class, Kaithal whereby respondent No.2 (herein) was acquitted of the charge under Section 354 of the IPC.
2. For the cause of clarity nay simplicity, the revisionist-petitioner, who has registered the FIR in question, will be referred to as the ‘complainant’ while respondent No.2, the accused in the FIR in question, will be referred to as the ‘accused’ throughout this judgement.
3. In the present revision petition, the pertinent facts for adjudication are that an FIR bearing No. 0121 dated 20.12.2016 was lodged against the accused-respondent No.2 resident of Village Jakholi, Police Station Titram, Tehsil and District Kaithal, under Section 354 of the Indian Penal Code (for brevity the ‘IPC’) at Police Station Titram, District Kaithal. The matter proceeded to trial before the Court of the learned Judicial Magistrate Ist Class, Kaithal which concluded its proceedings and, vide, judgement dated 29.07.2022, acquitted the accused (respondent No.2 he
The prosecution must prove guilt beyond reasonable doubt; failure to do so entitles the accused to acquittal.
The prosecution must prove its case beyond reasonable doubt; failure to do so results in the accused's acquittal.
Court of appeal has as wide powers of appreciation of evidence in an appeal against an order of acquittal as in case of an appeal against an order of conviction, subject to riders that presumption of....
The court affirmed that appellate courts must uphold acquittals unless clear evidence of trial court error or gross injustice is shown.
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