The High Court dismissed an acquittal appeal against a conviction for rash driving causing danger and injury. The bench found no reliable independent witnesses to prove guilt beyond reasonable doubt, affirming the trial court's conclusion.
Acquittal of the respondent was affirmed and the appeal was dismissed.
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 Acquittal Appeal No.84 of 2011
State of Chhattisgarh through District Magistrate, District Janjgir-Champa (CG)
---- Appellant
Versus
Kanhaiya, S/o Sampuran Das Manikpuri, aged about 38 years, R/o Khaira, Janjgir, District Janjgir-Champa -----Respondent
For Appellant/State: Shri Wasim Miyan, PL. For Respondent: Shri HP Agrawal, Advocate.
Single Bench:Hon'ble Shri Deepak Kumar Tiwari J Order On Board
05.01.2022
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i.e. on 14.10.2009 at 20.10 hours at P.S Balauda against the unknown tractor driver. Injured Suryanarayan Rathore (PW-3) has, in his crossexamination, stated that he has identified the driver of the offending tractor but if the said fact is not recorded in his police statement, then he is unaware of the reason. He has further stated that after the accident, his brother went to meet Omprakash Agrawal and when he denied that any accident had occurred with the said vehicle, then he went to meet Durga Rathore. Suryanarayan Rathore (PW-3) denied that vehicle of Durga Prasad was not insured, therefore, a false case against vehicle of Omprakash Agrawal was made out. Suryunarayan (PW-3) has further stated that he has deposed before the Court what he has been advised by his Advocate.
Sd/-
Priya
3 issues framed by the court
Whether the solitary judgment of acquittal by the trial court is liable to be interfered with on appeal.
Whether the absence of independent reliable witnesses and the untrustworthiness of the injured victim's statement negatived the prosecution case.
Whether the High Court should have substituted a contrary view regarding the guilt of the accused.
2 provisions across 2 enactments
State of Chhattisgarh through District Magistrate, District Janjgir-Champa
Kanhaiya
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
