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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Premchand S/o Jagannath Ji Balodiya – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. The present appeal has been filed against the judgment of conviction and sentence dated 08.02.2022 passed by the learned Special Judge, SC/ST, Indore in Special Case No. 77/2019, whereby the respondent No. 2 has been convicted under Section 324 of I.P.C. and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred as 'the Act') and sentenced to undergo 1 year S.I. with fine of Rs.2,000/- and usual default stipulation. Vide this judgment, respondent No. 2 has also been acquitted by the learned trial Court under Section 506 (Part-II) of I.P.C. and Section 3(1)(r) of the Act and also under Section 294 of I.P.C. and Section 3(1)(s) of the Act and Section 25(1-B)(b) of ARMS ACT .
2. Being aggrieved by the aforesaid acquittal of respondent No. 2 in impugned judgment, appellant-Premchand has filed this appeal on the grounds that there is sufficient evidence against the respondent No. 2, but the learned trial Court has acquitted the respondent No.2. The appellant-Premchand (PW-1) and his witnesses Dinesh Chouhan (PW-4) and Nirmala Balodiya (PW-6) have supported the prosecution case and deposed that the respondent No. 2 has assa
The acquittal of the respondent was affirmed due to insufficient evidence to support the prosecution's claims, emphasizing the high burden of proof in criminal cases.
The acquittal was upheld due to the prosecution's failure to establish guilt beyond reasonable doubt, emphasizing the presumption of innocence and the need for credible evidence.
The prosecution must prove intentional insult or intimidation based on caste to establish an offence under the Atrocity Act; mere membership of a Scheduled Caste is insufficient for conviction.
The judgment emphasized the need for substantial and compelling reasons to interfere with an order of acquittal, the double presumption of innocence in favor of the accused, and the importance of re-....
An appellate court must respect the presumption of innocence and should not interfere with an acquittal unless there is manifest illegality or perversity in the trial court's judgment.
The acquittal under the Atrocities Act requires clear intent to humiliate based on caste, and the appellate court can only overturn if there is illegality or perversity in the trial court's judgment.
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.
The appellate court must uphold acquittals unless there is clear error in the trial court's evaluation of evidence, respecting the presumption of innocence.
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