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2022 Supreme(Online)(HP) 214

HIGH COURT OF HIMACHAL PRADESH
AJAY MOHAN GOEL, J
AMAR CHAND – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
For the Appellants/Petitioners: MR. VINAY THAKUR
For the Respondents: M/S DINESH THAKUR & SANJEEV SOOD, MR. AMIT KUMAR DHUMAL, MR. MANOJ BAGGA

Table of Content
1. appellant challenges conviction following acquittal. (Para 1 , 2)
2. jurisdiction of appellate court disputed. (Para 3 , 4)
3. court reinforces necessity of jurisdictional compliance. (Para 6)
4. statutory provisions govern appeals from acquittals. (Para 7)
5. conviction set aside due to lack of jurisdiction. (Para 8)

JUDGMENT

By way of this appeal, the appellant has challenged judgment and order dated 18.11.2009/25.11.2019, passed by the Court of learned Additional Sessions Judge, Solan, District Solan, Himachal Pradesh in Criminal Appeal No. 9-S/10 of 2009, titled as State of Himachal Pradesh Vs. Amar Chand , in terms whereof, learned Appellate Court while setting aside the judgment of acquittal dated 04.02.2009, passed in favour of the appellant by the Court of learned Additional Chief Judicial Magistrate, Kasauli in Criminal Case No. 183/2 of 2000, titled a s State Vs. Amar Chand, convicted him for commission of offence punishable under Section 354 of the Indian Penal Code and sente nced him to undergo simple imprisonment for one year and to pay fine of Rs.10,000/- and in default of payment of fine, to further undergo simple imprisonment for one year.

2. Brief fact

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