On leave to appeal application, the High Court declined the appeal and dismissed the appeal by the State of Haryana against the acquittal of the respondent accused, holding no merit as the trial court correctly relied on the benefit of doubt principle.
The petition for leave to appeal is declined, and the appeal is 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.
CRM-A No. 931-MA of 2010 (O&M)
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-A No. 931-MA of 2010 (O&M) Date of decision : 13.10.2010
State of Haryana
...Appellant
versus
Gulab
...Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. Vikas Malik, A.A.G., Haryana for the appellant-State.
M ehinder S ingh S ullar, J. (Oral)
The matrix of the facts, which needs necessary mention for a limited purpose of deciding the core controversy involved in this petition, is that originally in the wake of statement of complainant-Shakunatla, the present case was registered against respondent-accused, vide FIR No. 300 dated 01.08.2001, on accusation of having committed the offences punishable under Sections 325 and 323 IPC by the police of Police Station Sadar Palwal.
CRM-A No. 931-MA of 2010 (O&M) -1-
“Having heard the arguments advanced from both the sides, this court is quite convinced with the arguments advanced by Ld. defence counsel Sh. Kuldeep Singh. The authorities relied upon by Ld. Counsel Sh. Kuldeep Singh are also relevant and applicable on the facts of the present case. The statement of PW2 and PW3 are contradictory with the medical report Ex.PW4/A which has been duly proved with the testimony of PW4 Dr. Sanjiv Bhagat. Moreover, the x-ray report MarkA has remains unproved because of the death of concerned doctor R.K. Likha during the trial of the present criminal case. The complainant Shakuntala herself has failed to disclose the date, day or even year of the occurrence. In Suchhan Pal Vs. Phani Pal and another 2004(1) RCR Criminal 221 in which the Hon'ble Apex Court has held that if two view are possible in a case then the court should lean towards the view which is favouring to the accused. Therefore, the accused is entitled to the benefit of doubt and he is hereby acquitted from the charges framed against him. His bail bonds and surety bonds stands discharged.”
October 13, 2010 naresh.k
2 issues framed by the court
Whether the High Court can interfere with a well-articulated judgment of acquittal by the trial Magistrate where no legal infirmity has been shown.
Whether the petition for leave to appeal under Section 378 CrPC (as referenced by the context of filing appeal) against an acquittal has merit.
Colour shows how this judgement treated each authority
Suchhan Pal Vs. Phani Pal and anotherReferred¶20
Suchhan Pal Vs. Phani Pal and another 2004(1) RCR Criminal 221
State of Haryana
Gulab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
