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PANKAJ PUROHIT
State of Uttarakhand – Appellant
Versus
Attaurahaman – Respondent
JUDGMENT :
Pankaj Purohit, J.
This appeal preferred by the State under Section 378 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to be as “the Cr.P.C”) is directed against the judgment and order dated 22.03.2007, passed by Additional Sessions Judge/2nd F.T.C. Haridwar in Sessions Trial No.173 of 2002, State vs. Attaurahaman & others, whereby the said court has acquitted the respondents-accused of the charge of offence punishable under Section 323/34, 324/34, 325/34, 504 & 506 IPC along with Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to be as “the SC/ST Act”).
2. The genesis of the prosecution case is that the alleged occurrence took place on 29.10.2001 at about 8:30 p.m. It was alleged in the FIR that the father of informant, namely, Sukhlal was going to answer a call of nature towards a Tube-well. While going, informant’s father saw the respondents-accused being armed with weapons viz. accused-Attaurahaman was armed with a country-made pistol, accused-Kaalu was holding a palkati (a sharp edged weapon) in his hand, accused-Anis was holding a baton and a knife while one other person holding
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 should respect the presumption of innocence in acquittals and only interfere if the trial court's verdict lacks reasonable foundation.
An appellate court has the authority to reverse a trial court's acquittal if the judgment is perverse, ensuring substantial evidence confirms guilt beyond a reasonable doubt, particularly in cases in....
The appellate court upheld the presumption of innocence, stating that acquittals should not be disturbed unless the trial court's judgment is unreasonable.
The appellate court affirmed the trial court's acquittal, emphasizing the necessity of substantial evidence for conviction and the presumption of innocence for the accused.
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