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PANKAJ PUROHIT
State of Uttarakhand – Appellant
Versus
Amarpal @ Fauji – Respondent
JUDGMENT
(Pankaj Purohit, J.)
Heard learned counsels for the parties.
2. The State has filed this government appeal against the judgment and order dated 23.03.2007 passed by Learned III F.T.C/Additional Sessions Judge, District Haridwar in Sessions Trial No. 09 of 1998 (State vs. Amarpal @ Fauji), whereby, the respondent has been acquitted of the offences punishable under Sections 307 and 452 of Indian Penal Code (in short ‘IPC).
3. The facts of the case in brief are that on 26/3/1988 at 10:05 AM, the complainant submitted a written report to the police station Kotwali, Nagar Haridwar with the contents that today at about 5:00 AM, some unknown persons entered into the ashram named Nirvaan Hardwar Udaasin Ashram by jumping the boundary all of the aforesaid ashram and committed with beatings with Baba Bhagwat Das, due to which, he sustained grievous injuries; and had been admitted in Bengali Hospital, Kankhal. On the basis of above information, the case was registered as case crime no. 169/1988 on 26/03/1988 at police station Kotwali, District Haridwar under Sections 452 and 323 IPC.
4. The investigation officer conducted investigation of the case, recorded the statement of the witne
The appellate court reinforced the principle that acquittals should not be overturned without substantial and compelling reasons, maintaining the presumption of innocence.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
An appellate court must uphold acquittals unless the trial court's findings are perverse or unreasonable, reinforcing the presumption of innocence.
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 appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.
The presumption of innocence in favor of the accused and the factors to be kept in mind by the Appellate Court while hearing an appeal against acquittal.
The judgment emphasizes the presumption of innocence, the need for substantial and compelling reasons to disturb an acquittal, and the importance of giving proper weight to the trial court's findings....
The presumption of innocence and the burden of proof on the prosecution are paramount in criminal cases, particularly in appeals against acquittals.
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