Santosh Shrivastava vs Joy Vargis
2022 Latest Caselaw 7827 MP

                     -( 1 )-              Cr.R. No.24 of 2021


       IN THE HIGH COURT OF MADHYA PRADESH
                 AT GWALIOR BEFORE
         HON'BLE SMT. JUSTICE SUNITA YADAV
            CRIMINAL REVISION No. 24 of 2021
Between:-
SANTOSH SHRIVASTAVA S/O SHRI S.D.
SHRIVASTAVA, AGED ABOUT 51 YEARS,
OCCUPATION         ADVOCATE,         R/O.
HANUMAN COLONY, GUNA DISTRICT
GUNA (MADHYA PRADESH)


                                            .... PETITIONER

(BY SHRI ANIL KUMAR SHRIVASTAVA-
ADVOCATE)

VS

1.     JOY VARGHESE S/O SHRI C. VARGHESE, AGED

ABOUT 46 YEARS.

2.     BABUO, S/O SHRI UNNUNI, AGED 58 YEARS, BOTH

R/O.    DALVI   COLONY,        DISTRICT   GUNA     (MADHYA

PRADESH)

(RESPONDENT NO. 1 BY SHRI RAJEEV
JAIN, ADVOCATE)
(NONE        PRESENT           FOR   THE
                                  -( 2 )-                   Cr.R. No.24 of 2021


     RESPONDENT NO. 2)
     3. STATE OF M.P THROUGH POLICE
     STATION KOTWALI, DISTRICT GUNA
     (MADHYA PRADESH)
                                                       .... RESPONDENTS
     (RESPONDENT NO. 3/STATE BY SHRI NIRMAL SHARMA,
     PUBLIC PROSECUTOR)

                                  JUDGMENT

(Passed on 15/06/2022)

1) This revision has been filed challenging the judgment

dated 11/02/2020 passed by Third Additional Sessions Judge,

Dist. Guna in Criminal Appeal No. 262/2017, whereby, the

learned lower appellate Court has dismissed the appeal filed

by the petitioner and affirmed the judgment dated 07/09/2017

passed by learned Judicial Magistrate First Class, District

Guna in criminal case No. 2540/2014, whereby, the learned

JMFC has acquitted the accused/respondent Nos. 1 & 2 from

the offence punishable under Sections 294, 451, 323 & 506

Part-2 r/w section 34 of IPC.

2)       As per prosecution story, short facts of the case giving rise to
filing    of   this   criminal     revision   are   that    the   daughter   of
                            -( 3 )-                Cr.R. No.24 of 2021

complainant/petitioner namely Ahyusi Shrivastava was studying in 10 th class in Alpha English School, Dalvi Colony, Dist. Guna. On 22/08/2014, daughter of the complainant on account of indisposed could not go to the school, due to which, Principal of Alpha English School/ respondent No. 1 did not permit her to give the examination paper and as a punishment compelled her to stand under the hot rays of sun for about 40 minutes i.e. from 10.30 to 11.10 Am, due to which, complainant's daughter could not answer the questions of examination paper properly. On 23/08/2014 at about 10.25 Am when the complainant came to the said school to pick up his daughter from the school premises and his motor bike was standing with key, at that time, the respondent No. 1/Principal of the said school came at the spot, on which, the complainant asked the respondent No. 1 that why he compelled his daughter to stand for 40 minutes as a punishment under the hot rays of sun and did not permit her to give her examination paper for about 40 minutes. The respondent No. 1/ Principal of the said school became annoyed on the complainant and used unparliamentary language as well as slapped him on his face. On hearing the sound, the wife, brother in law of the respondent No. 1 as well as school staff came at the spot of incident and all of them assaulted the complainant and caught hold of him and thereafter the respondent No. 1 went into his office and brought scissor from his office and assaulted the complainant by means of scissor on his left hand finger, due to which, he sustained injury and blood started oozing out. The other co-accused had also assaulted the complainant, due to which, he sustained injuries on various part of his body. The respondent No. 1 has also snatched the key of motor bike of

-( 4 )- Cr.R. No.24 of 2021

the complainant. Thereafter, the complainant was rescued by the persons namely Pinki Sharma, Kamlesh Sharma, Arun Vaishnav, Munesh Raghuvanshi, etc. Thereafter, the respondent No. 1 and other co-accused persons have threatened the complainant to kill.

3) Learned counsel for the petitioner argued at length and submits that the impugned judgment passed by the learned trial Court is illegal and deserves to be set aside. It is submitted that to prove the offence sufficient evidence was on record. It is submitted that the findings of the learned Court below in presence of the evidence available of record is perverse and deserves to be set aside. It is submitted that the revision filed by the petitioner be allowed and the impugned judgment passed by the learned trial Court be set aside and the respondent Nos. 1 & 2 be convicted.

4) Learned counsel for the respondents submits that there was no evidence to prove the offence alleged to have been committed by the respondents No. 1 & 2. It is submitted that after due appreciation of evidence the learned Court below found that prosecution has failed to prove the case against the respondents No. 1 & . It is submitted that in the facts and circumstances of the case, no case is made out for interference, hence petition filed by the petitioner deserves to be dismissed.

5) In the matter of Bihari Nath Goswami Vs. Shiv Kumar Singh & Ors. reported in 2004 SCC (Cri) 1435 Hon'ble Apex Court has held that there is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal

-( 5 )- Cr.R. No.24 of 2021

shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs through the web of administration of justice in criminal case is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. The paramount consideration of the is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. Hon'ble Apex Court has further held that in a case where the admissible evidence is ignored, a duty is cast upon the appellate court to re- appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not. It is further held that the principle to be followed by the appellate court considering the appeal against the judgment of acquittal is to interfere only when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference.

6) Having considered all the aspects of the matter and after re- appreciating the evidence adduced by the prosecution, this Court is satisfied that this is not a case in which this Court may be justified in interfering with an order of acquittal passed by learned Trial Court. The reasons given by the trial Court for acquitting the respondent Nos.1 & 2 appears to be reasonable and are based on evidence. It is well settled

-( 6 )- Cr.R. No.24 of 2021

that even if on the basis of the same evidence, if other view is possible, the appellate Court will not be justified in reversing the order of acquittal if the same is based on evidence on record and the view taken is a possible reasonable view.

7) In view of this, this Court finds no merit in this petition and the same is, accordingly, dismissed.

CC as per rules.

(SUNITA YADAV) JUDGE Durgekar*

SANJAY Digitally signed by SANJAY NAMDEORAO DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH

NAMDEOR BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=afa4701a2661e1fb7720c022ffc277608c

AO e55ba67f3594a641181b9ae8448e58, pseudonym=DA26B82C5BC4CAF69072CA5A13C A996C4169AB06, serialNumber=1190D1488DBA862FB108ED6626 2DC2DC2CB9D310D73128B3A6E7B046FCF2822

DURGEKAR 7, cn=SANJAY NAMDEORAO DURGEKAR Date: 2022.06.16 17:53:29 -07'00'