Karnataka High Court: A Single Judge Bench comprising of Ravi Malimath, J., decided a criminal appeal filed by the State under Section 378 of CrPC, wherein the order of acquittal of the accused passed by the trial court was upheld.
The accused was charged under Sections 324 and 504 read with Section 34 IPC. The prosecution led evidence to prove its case before the trial court but did not succeed and the accused was acquitted of the charges. Aggrieved by the said order of the trial court, the State preferred the instant appeal.
The High Court duly considered the submissions made by the Additional State Public Prosecutor who submitted that the prosecution proved its case beyond reasonable doubt; however, the Court was of the view that such submissions on behalf of the prosecution does not inspire confidence with the Court to take a view that there was any perversity in the order of acquittal passed by the learned trial court. The Court was of the view that the evidence was full of discrepancies, and the pleas of the complainant could not be accepted. Also, in an appeal against an acquittal, such order is not to be interfered with unless gross perversity in that order is shown. The Court did not find any reason to interfere with the impugned order and upheld the acquittal of the accused. Thus, the appeal filed by the State was rejected. [State v. Nasir alias Nasir Khan, Crl. Appeal No. 1263 of 2016, dated 19.2.2018]
