PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Pinki – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.(Oral)
1. Present appeal has been filed against the judgment of acquittal dated 15.03.2017, passed by Additional Sessions Judge, Jind in criminal appeal No. 70 (RBT) bearing CIS No.330 of 2013.
2. Facts germane to the adjudication of the present appeal are that FIR No.163 dated 16.05.2010 was registered against respondents No.2 and 3 alongwith one Shyam Sunder son of Baru Ram resident of village Roopgarh, Teshil and District Jind, under Sections 323, 354, 452, 506 read with Section 34 of the IPC at Police Station Sadar, Jind. The trial of the said case was concluded by the Court of Judicial Magistrate, 1st Class, Jind, vide judgment of conviction, dated 20.03.2013. It is pertinent that the trial in the case was conducted against three accused persons, namely, Purshotam (respondent No.2 herein), Suraj Mal (respondent No.3 herein) and Shyam Sunder and all of them were convicted under Sections 354 and 452 of the IPC and were sentenced to 1 year rigorous imprisonment under Section 354 IPC; and 3 years rigorous imprisonment and a fine of Rs.5000/- each under Section 452 of IPC, whereby both the substantive sentences were ordered to run concurrently.
3. All the thre
The prosecution must prove its case beyond reasonable doubt; failure to do so results in the accused's acquittal.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
In appeals against acquittal, courts must uphold the presumption of innocence and require a high burden of proof on the prosecution to demonstrate perverse findings to overturn an acquittal.
In appeals against acquittal, material contradictions in prosecution witnesses, doubtful presence, and failure to examine natural witnesses entitle accused to benefit of doubt where two views possibl....
An appellate court has the authority to reverse a trial court's acquittal if the judgment is perverse, ensuring substantial evidence confirms guilt beyond a reasonable doubt, particularly in cases in....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.