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MOHD. FAIZ ALAM KHAN
Sub Divisional Officer Electricity Distribution Sub-Div. -I – Appellant
Versus
Brijesh Kumar Gupta – Respondent
JUDGMENT :
1. Learned counsel for the parties have consented to dispose this appeal on merits as the record of the trial Court is available.
2. Heard Shri Amarjeet Singh Rakhra, learned counsel for the applicant, Shri Satya Bhusan Verma, learned counsel appearing for respondents no.1 to 3 and perused the record.
3. The instant appeal under Section 372 Cr.P.C. has been preferred by the Sub Divisional Officer, 33/11 K.V. City Power House, Electricity Distribution Sub-division-I, Hardoi against the judgment and order dated 25.10.2017 passed by the Special Judge/Additional District and Sessions Judge, Hardoi in Criminal Case No. 34 of 2009 (State vs. Brijesh Kumar Gupta and others), arising out of Case Crime No. 2672 of 2007, under Section 135 Indian Electricity Act, 2003, Police Station Kotwali City, District Hardoi, whereby the trial Court had acquitted the accused persons of the charges framed under Section 135 Indian Electricity Act.
4. The brief facts giving arise to the instant appeal are to the tune that one Virendra Kumar Sharma, Sub Divisional Officer-I, Electricity Distribution Division-I, Hardoi had given a written information to the S.H.O. of Police Station Kotwali City, Dis
The duty of the prosecution to prove the case beyond reasonable doubt and the appellate court's power to review evidence in an appeal against acquittal.
The presumption of innocence in criminal jurisprudence means the appellate court cannot overturn an acquittal unless evidence shows clear insolvency or injustice in the trial court's decision.
Where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of evidence which is but barely possible, it is obvious duty o....
The prosecution must establish guilt beyond reasonable doubt, and mandatory provisions must be adhered to in lodging complaints.
The appellate court upheld the trial court's acquittal, emphasizing the prosecution's failure to establish the respondent's guilt beyond reasonable doubt.
The prosecution must provide sufficient evidence and independent witnesses to establish guilt in theft of electricity cases; mere allegations are insufficient for conviction.
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