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SHAMIM AHMED
Javed Alam – Appellant
Versus
Ram Pratap Yadav – Respondent
JUDGMENT :
1. Heard Shri Sajjad Husain, the learned counsel for the appellant, Shri Hari Shanker Vajpayee, the learned A.G.A.-I for the State, as well perused the material available on record.
2. By means of the present appeal under Section 372 Cr.P.C., the appellant, Javed Alam, has challenged the judgment and order dated 21.02.2023 passed by learned Additional Sessions Judge-I, Ambedkar Nagar in Session Trial No. 281 of 2016, State Vs. Ram Pratap Yadav and others, arising out of Case Crime No. 83 of 2016, under Sections 308/34, 323/34, 504, 506 I.P.C., Police Station Jalalpur, District Ambedkar Nagar, acquitting the opposite party Nos. 1 & 2 from the charges under Section 308/34 I.P.C. framed against them and convicting them for the offence under Sections 323/34, 504, 506 I.P.C. and releasing them on furnishing personal bond of Rs.30,000/- each for probation period.
3. According to the prosecution version, on 18.03.2016 at about 11:00 a.m. when the son of complainant, namely, Javed Alam (present appellant) was coming to his house dragging a cart which was laden by mustard crops, then the fennel crops standing in the field of opposite party No. 1-Ram Pratap, got stuck, on account of
In an appeal against an order of acquittal, the view favorable to the accused should be adopted if two views are possible on the evidence. The presumption of innocence of the accused is paramount.
The presumption of innocence is reinforced by acquittal, and appellate courts must exercise caution in reviewing such judgments.
While dealing with judgment of acquittal, unless reasoning by learned trial Court is found to be perverse, acquittal cannot be upset. It is further observed that High Court's interference in such app....
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.
The appellate court must uphold acquittals unless there is clear error in the trial court's evaluation of evidence, respecting the presumption of innocence.
The appellate court upheld the acquittal of the accused, emphasizing the presumption of innocence and the importance of reliable evidence for a conviction.
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