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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON, J.
1. This criminal revision petition arises out of a deeply unfortunate incident wherein a young married woman and her infant child, stated to be about 8-10 days old, lost their lives. The case culminated in a judgment dated 20.07.2005 passed by the learned Additional Sessions Judge, Bhiwani whereby the accused were acquitted of the charges framed under Sections 304-B, 498-A, 302, 201 read with Section 34 IPC. The acquittal, as noticed from the impugned judgment, was inter alia premised on aspects such as delay in lodging of the FIR, absence of post-mortem evidence regarding the cause of death, inconsistencies in witness statements vis-à-vis their versions recorded under Section 161 Cr.P.C., and non-establishment of the essential ingredients of the offence alleged. However, this Court makes it clear at the outset that it does not propose to re- appreciate the evidence or examine the correctness of such findings on merits, the present adjudication being confined strictly to the parameters governing revisional jurisdiction.
2. The prosecution was set into motion on the basis of FIR No. 75 dated 05.05.2002. Upon completion of investigation, the matter was c
The revisional jurisdiction of the High Court is extremely narrow and can only be exercised in exceptional cases where there is a manifest error of law or procedure, and the High Court cannot convert....
Criminal Revision - Scope of criminal revision is very limited.
The main legal point established in the judgment is the requirement for exceptional cases to interfere with an order of acquittal, the prohibition on converting a finding of acquittal into one of con....
The acquittal of the accused was upheld as the prosecution failed to provide sufficient evidence to prove the allegations of cruelty and dowry demands.
Acquittal judgments require compelling reasons for interference; presumption of innocence is reinforced by acquittal.
Rape - If DNA report which was brought on record by respondent No.2 without leading any evidence in defence is ignored, prosecution evidence on record is not sufficient to prove the charge of rape ag....
An acquittal strengthens the presumption of innocence, and an appellate court can only overturn such a judgment if it finds that the trial court's conclusion was unreasonable or unsupported by eviden....
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