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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Sukhwinder Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
1. Present revision petition has been filed against the judgment dated 02.01.2019 passed by Additional Sessions Judge, Moga upholding the order dated 07.09.2017 passed by Sub Divisional Judicial Magistrate, Nihal Singh Wala, whereby respondent No.2 (herein) was acquitted from the charges under Sections 458 and 354 of IPC.
2. For the sake of brevity, convenience and to avoid any confusions the revisionist-petitioner, who was the original complainant informant in the FIR, will be referred to as 'complainant', and respondent No. 2, who was accused in the FIR, will be referred to as 'accused', respectively, in the present judgment.
3. Facts germane to the adjudication of the present revision petition are that FIR No.27 dated 23.03.2016 was registered against accused, resident of village Daudhar Garbi, District Moga under Sections 458 and 354 of IPC at Police Station Badhni Kalan. The trial of the said case was concluded by the Court of Sub Divisional Magistrate, Nihal Singh Wala, and vide its judgment 07.09.2017, the accused was acquitted from the charges levelled against him. Aggrieved, by the acquittal of the accused (respondent No.2 herein), the complai
The prosecution must prove its case beyond reasonable doubt; failure to do so results in the accused's acquittal.
The prosecution must prove guilt beyond reasonable doubt; failure to do so entitles the accused to acquittal.
An appellate court can only overturn an acquittal if the trial court's decision is perverse or based on a misapprehension of evidence, respecting the presumption of innocence.
In appeals against acquittal, interference only if perverse or no reasonable view supports acquittal; unexplained FIR delay, material improvements in victim's testimony, and lack of corroboration jus....
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