Roshan Sharma vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:1481-DB

Court No. - 47

Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 559 of 2024

Appellant :- Roshan Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Akhilesh Kumar Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J. Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Akhilesh Kumar Dwivedi, learned counsel for the appellant and learned A.G.A for the State-respondents.

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This criminal appeal under Section 372 Cr.P.C is filed against the judgement and order dated 21.08.2024 passed by Additional Sessions Judge, Court No. 2, Rampur whereby, court below has acquitted the accused Ashvani Kumar Sharma in Sessions Trial no. 326 of 2015 arising out of Case Crime No. 246 of 2013, under Sections- 498-A, 302 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Khjuriya, District- Rampur.

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The prosecution case, in short, is that the elder sister of the informant, Kumari Santosh @ Sonu, was married on 08.05.1997 to Ashvani Kumar Sharma, respondent no. 2. The family members of respondent no. 2 were not happy and were demanding Rs. 1 lacs in cash. The deceased were being harassed by the family members of her matrimonial home and she was also not able to bear any child. On 23.09.2013 informant received information that Smt. Santosh Sharma had died. The prosecution produced evidence in support of their case and the defence examined one prosecution witness, namely, Narendra Sharma, D.W.-1, who testified before the court that there was no demand of dowry made from the deceased. The trial court has found that the deceased consumed insecticide herself and died. There was no external injury found on the person of the deceased. No evidence of the deceased being subjected to cruelty was found. She died after about 16 years of her marriage. Therefore, implication was made under Section 302 IPC and not Section 304-B IPC.

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Learned counsel for the appellant has submitted that trial court has misread the evidence on record and wrongly acquitted the respondents.

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The appellate Court is usually reluctant to interfere with a judgment acquitting an accused on the principle that the presumption of innocence in favour of the accused is reinforced by such a judgment. The above principle has been consistently followed by the Constitutional Court while deciding appeals against acquittal by way of Article 136 of the Constitution or appeals filed under Section 378 and 386 (a) Cr.P.C. in State of M.P. Vs. Sharad Goswami,(2021) 17 SCC 783; State of Rajasthan Vs. Shera Ram, (2012) 1 SCC 602, Shivaji Sahabrao Bobade Vs. State of Maharastra, (1973) 2 SCC 793 .

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The Supreme Court in the case of Ramesh Babulal Doshi Vs. State of Gujarat, (1996) 9 SCC 225 has observed that the High Court must examine the reasons given by the trial Court for recording their acquittal before disturbing the same by reappraising the evidence recorded by the trial court. For clarity, para 7 is extracted herein below:

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"Before proceeding further it will be pertinent to mention that the entire approach of the High Court in dealing with the appeal was patently wrong for it did not at all address itself to the question as to whether the reasons which weighed with the trial Court for recording the order of acquittal were proper or not. Instead thereof the High Court made an independent reappraisal of the entire evidence to arrive at the above quoted conclusions. This Court has repeatedly laid down that the mere fact that a view other than the one taken by the trial Court can be legitimately arrived at by the appellate Court on reappraisal of the evidence cannot constitute a valid and sufficient ground to interfere with an order of acquittal unless it comes to the conclusion that the entire approach of the trial Court in dealing with the evidence was patently illegal or the conclusions arrived at by it were wholly untenable. While sitting in judgment over an acquittal the appellant Court is first required to seek an answer to the question whether the findings of the trial Court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellant Court answers the above question in the negative the order of acquittal is not to be disturbed. Conversely, if the appellant Court holds, for reasons to be recorded, that the order of acquittal cannot at all be sustained in view of any of the above infirmities it can then - and then only - reappraise the evidence to arrive at its own conclusions. In keeping with the above principles we have therefore to first ascertain whether the findings of the trial Court are sustainable or not."

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The Supreme Court in the case of Sadhu Saran Singh Vs. State of U.P., (2016) 4 SCC 357 has observed that an appeal against acquittal has always been on an altogether different pedestal from an appeal against conviction. In an appeal against acquittal, where the presumption of innocence in favour of the accused is reinforced, the appellate court would interfere with the order of acquittal only when there is perversity.

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The Supreme Court in the case Basheera Begam Vs. Mohd. Ibrahim, (2020) 11 SCC 174 has held that the burden of

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proving an accused guilty beyond all reasonable doubt lies on the prosecution. If, upon analysis of evidence, two views are possible, one which points to the guilt of the accused and the other which is inconsistent with the guilt of the accused, the latter must be preferred. Reversal of a judgment and other of conviction and acquittal of the accused should not ordinarily be interfered with unless such reversal/acquittal is vitiated by perversity. In other words, the court might reverse an order of acquittal if the court finds that no person properly instructed in law could have, upon analysis of the evidence on record, found the accused to be "not guilty". When circumstantial evidence points to the guilt of the accused, it is necessary to prove a motive for the crime. However, motive need not be proved where there is direct evidence. In this case, there is no direct evidence of the crime.

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The Supreme Court in the case of Kali Ram Vs. State of H.P., (1973) 2 SCC 808 has observed as under:

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"25. Another golden thread which runs through the web of the administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and other to his innocence, the view which is favourable to the accused should be adopted. This principle has a special relevance in cases wherein the guilt of the accused is sought is to established by circumstantial evidence."

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The Supreme Court again examined in State of Odisha v. Banabihari Mohapatra & Ors, (2021) 15 SCC 268 the effect of the probability of two views in cases of appeal against acquittal and held that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused, and the other to his innocence, the view which is favourable to the accused should be adopted.

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The Supreme Court in Sujit Biswas v. State of Assam, (2013) 12 SCC 406 has reiterated the position that suspicion, however strong, cannot replace proof. An accused is presumed to be innocent unless proven guilty beyond a reasonable doubt.

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In the background of the law discussed herein above, we will examine the trial court's findings and evidence adduced during the trial by the witnesses to test the legality and validity of the impugned order.

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Learned counsel for the appellant could not point out any perversity in the findings recorded by the trial court. The trial court's judgement is a well merited one. This Court need not reappreciate the evidence.

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The Criminal Appeal is dismissed .

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Let the record of the trial court be returned and this judgement be notified to the trial court, within two weeks.

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Order Date :- 3.1.2025 Rohit

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(Subhash Chandra Sharma,J.) (Siddharth, J.)

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Roshan Sharma v. State of U.P. and Another

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Roshan Sharma v. State of U.P. and Another

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