State dismissed appeal against acquittal. High Court held prosecution failed to prove case beyond reasonable doubt and accused testimony was hostile. Leave to appeal refused as impugned order was proper under settled legal principles.
Petition dismissed at admission stage; leave to appeal refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 958 of 2018
---- Petitioner
Versus
---- Respondents
For Petitioner/State : Shri Rahul Tamaskar, P.L. For Respondents : None.
Hon'ble Shri Justice Pritinker Diwaker & Hon'ble Shri Justice Gautam Chourdiya
Judgment on Board
31/07/2018
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the accused/respondents were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.
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favouring the accused has to be preferred. Even otherwise, the prosecution thus has utterly failed in proving its case beyond reasonable doubt and the trial Court has been fully justified in recording the finding of acquittal which is based on proper appreciation of evidence available on record. Furthermore, in case of appeal against the acquittal the scope is very limited and interference can only be made if finding recorded by the trial Court is highly perverse or arrived at by ignoring the relevant material and considering the irrelevant ones. In the present case, no such circumstance is there warranting interference by this Court.
Sd/Sd/-
(Pritinker Diwaker) (Gautam Chourdiya) JUDGE JUDGE
vijay
3 issues framed by the court
Whether leave to appeal under Section 378(3) Cr.P.C. should be granted against the acquittal of accused persons.
Whether the trial Court erred in law in acquitting the accused given the prosecution evidence.
Whether the High Court should interfere with the trial Court's finding of acquittal on benefit of doubt.
2 provisions across 2 enactments
State of Chhattisgarh
Muneshwar S/o Ramsurat Harijan
Kameshwar S/o Mohabat
Pritinker Diwaker
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
