The court reinforces the principle of double presumption of innocence, citing contradictions in prosecution evidence and absence of independent witnesses.
In a significant ruling, the Gujarat High Court has upheld the acquittal of the accused in a case involving the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and various sections of the Indian Penal Code. The case, which was initially heard by a Special Judge (Atrocity) in Mahesana, involved allegations of caste-related insults, threats, and assault against Thakor Talaji Kunwarji (now deceased and abated) and others.
The State of Gujarat had appealed against the 2012 acquittal, arguing that the trial court failed to appreciate the evidence properly. However, Justice Sanjeev J. Thaker, presiding over the appeal, found that the prosecution's case was significantly weakened due to the lack of independent witnesses and contradictions within the testimonies presented.
The court noted that the complainant and key witnesses were related and interested parties, which required their testimonies to be scrutinized meticulously. Additionally, the delay in lodging the complaint and the absence of independent testimony from bystanders present during the alleged incident further weakened the prosecution's case.
Justice Thaker emphasized the principle of double presumption of innocence, which protects the accused in acquittal appeals, stating that unless the trial court's judgment is found to be perverse or misreads evidence, the appellate court should not interfere. The court found no such errors in the trial court's judgment, thereby dismissing the appeal.
This judgment underscores the judiciary's cautious approach in overturning acquittals, particularly in cases where the evidence is primarily testimonial and lacks corroboration from independent sources.
Bottom Line:
Acquittal upheld in case under IPC and SC/ST (Prevention of Atrocities) Act due to lack of independent witnesses and contradictions in prosecution evidence. Double presumption of innocence reinforced as per legal principles.
Statutory provision(s):
- Indian Penal Code, 1860: Sections 323, 504, 506(2), 114
- Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 3(1)(10)
- Bombay Police Act, 1951: Section 135
- Criminal Procedure Code, 1973: Section 378
