Back
HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Mansukhbhai Amarshibhai Makwana – Respondent
JUDGMENT :
(Hemant M. Prachchhak, J.)
1. The present appeal is filed by the appellant – State of Gujarat (original complainant) under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 10/12/2009 passed by the learned Special Judge, Surendranagar (hereinafter referred to as “the trial court”) in Special Case No.136 of 2007, whereby, the learned Special Judge has acquitted the original accused respondent herein for the offence punishable under Section 135 of the Indian Electricity Act, 2003 (for short “the Act”).
2. The brief facts giving rise to the present appeal are as under :
2.1 The complainant Dy. Engineer, Shri Gajanand Madhubhai Savani of Paschim Gujarat Vij Co. Ltd., had filed a complaint against respondent accused before Bhavnagar Police Station, vide CR No.II-904/2004 for the alleged offence under Section 135 of the Indian Electricity Act, 2003. According to complainant, it is the case of the prosecution that, on 24/08/2004, Dy. Engineer, Shri Gajanand Madhubhai Savani of PGVCL, Dhrangadhra Town Sub Division and Shri K.R. Snehkunj, Dy. Engineer, Circle Office, Surendranagar city had carried out
The appellate court upheld the trial court's acquittal, emphasizing the prosecution's failure to establish the respondent's guilt beyond reasonable doubt.
The prosecution must provide sufficient evidence and independent witnesses to establish guilt in theft of electricity cases; mere allegations are insufficient for conviction.
The appellate court's jurisdiction under Section 378 allows reappreciation of evidence, but it cannot overturn an acquittal if two reasonable conclusions are possible.
The appellate court must respect acquittals unless substantial evidence of error or illegality is demonstrated, reinforcing the presumption of innocence.
The appellate court must uphold an acquittal unless there is clear evidence of illegality or error in the trial court's judgment; it cannot reverse an acquittal merely on the possibility of a differe....
In appeal against acquittal, the appellate court should only intervene when there is compelling evidence of error in the trial's findings, reaffirming the presumption of innocence.
The prosecution must prove charges beyond reasonable doubt, and appellate courts should respect trial court acquittals unless a manifest error is evident.
The prosecution must prove charges beyond reasonable doubt; failure to do so results in acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
