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PANKAJ PUROHIT
State of Uttarakhand – Appellant
Versus
Samay Singh – Respondent
| Table of Content |
|---|
| 1. state challenges acquittal in criminal case. (Para 1 , 2 , 3 , 4) |
| 2. witness testimonies and contradictions. (Para 5 , 6 , 7 , 8 , 12 , 14) |
| 3. issues of evidence and contradictions. (Para 15 , 16) |
| 4. standard for reversing acquittals. (Para 17) |
| 5. appeal dismissed, trial court judgment upheld. (Para 18 , 19) |
JUDGMENT :
Pankaj Purohit, J.
In this appeal preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C."), the State has challenged the acquittal of respondents-accused under Section 452 , 308/34 of IPC, which was passed by learned Sessions Judge/1st FTC, Haridwar in Sessions Trial No 131 of 1997 on 24.06.2008.
2. Facts of the prosecution story, as narrated in the noncognizable report (NCR) are that the informant Chote Lal lodged the NCR at Police Station Ranipur against the respondents-accused persons with the averments that on 10.03.1986, his sister Kela had gone in the jungle to cut the grass. The respondents-accused persons abused the sister of informant on the issue of cutting grass and when his sister informed about this fact to the informant, he (informant) also went on the spot, where, respondents-accused persons ass
In appeals against acquittal, material contradictions in prosecution witnesses, doubtful presence, and failure to examine natural witnesses entitle accused to benefit of doubt where two views possibl....
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 judgment reinforces the principle that an acquittal should not be overturned unless there is clear evidence of error or misjudgment by the trial court.
An appellate court must maintain double presumption of innocence in acquittal cases and should not overturn unless clear errors are present in trial court's judgment.
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