PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Prem Lata – Appellant
Versus
Sandeep – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
1. Present revision petition has been filed against the judgment dated 23.04.2018 passed by Additional Sessions Judge, Rewari upholding the order dated 24.07.2017 passed by Judicial Magistrate Ist Class, Rewari, whereby respondent No.1 (herein) was acquitted from the charges under Sections 323, 406, 498-A and 506 of IPC.
2. For clarity and simplicity, the revisionist-petitioner, who has filed the impugned FIR, will be referred to as the 'complainant' while respondent No.1, the accused in the impugned FIR, will be referred to as the 'accused' throughout this judgment.
3. In the present revision petition, the pertinent facts for adjudication are that the FIR No.40 dated 20.02.2013 was lodged against the accused-respondent No. 1, a resident of village Sedpur, Tehsil Tijara, District Alwar (Rajasthan), under Sections 323, 406, 498-A, and 506 of the Indian Penal Code (for brevity the 'IPC') at Police Station City, Rewari. The matter proceeded to trial before the Court of Judicial Magistrate, First Class, Rewari, which concluded its proceedings and, vide judgment dated 24.07.2017, acquitted the accused (respondent No. 1 herein) of all the charges. Dissatisfi
The High Court cannot overturn an acquittal unless exceptional circumstances demonstrate a manifest illegality or miscarriage of justice, reaffirming the prosecution's burden to prove guilt beyond re....
The prosecution must prove guilt beyond reasonable doubt; failure to do so entitles the accused to acquittal.
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 prosecution must prove its case beyond reasonable doubt; failure to do so results in the accused's acquittal.
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