Guilt of accused not established beyond reasonable doubt

2022 CRI. L. J. 2174

AIROnline 2022 GUJ 918 (GUJARAT HIGH COURT)

State of Gujarat v. Shirinben Murtuja Bhabharawala and others. 

R/Criminal Appeal No. 1831 of 2006, D/23-3-2022. 

Penal Code (45 of 1860), Ss. 452, 427, 504, 506(2), 114 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989), S.3(1)(10) -House-tres- pass, Mischief causing damage to the amount of fifty rupees, intentional insult, criminal intimidation Proof Allega- tions that accused persons allegedly inten- tionally insulted complainant against his caste to humiliate him in public and torn off his shirt, and also threatened him to cause fracture to his legs However, no other independent witness has been exam- ined by prosecution in support of case of complainant Evidence of complainant appears to be unnatural, inconsistent and not trustworthy - Guilt of accused not established beyond reasonable doubt Acquittal, proper. (Paras 5.2, 7)

Cases Referred:

AIROnline 2002 SC 91 

AIR 2009 SC (Supp) 2887

2009 AIR SCW 6593

AIR 2001 SC 3976

AIR 1973 SC 2773 

AIR 1973 SC 2622