Smt Meena Sharma vs Dharmendra Sharma
2023 Latest Caselaw 6897 MP

                                                      1
                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 27 th OF APRIL, 2023
                                        CRIMINAL REVISION No. 1665 of 2023

                          BETWEEN:-
                          SMT MEENA SHARMA W/O SHRI DHARMENDRA
                          SHARMA AND D/O SHRI RAMGOPAL DUBEY RESIDENT
                          OF IBS NAGAR LIND ROAD NO.3 PURAN PURA,
                          DISTRICT VIDISHA (MADHYA PRADESH)

                                                                             .....APPLICANT
                          (NONE FOR THE APPLICANT )

                          AND
                          1.    DHARMENDRA SHARMA S/O SHRI HARICHARAN
                                SHARMA, AGED ABOUT 32 YEARS, RESIDENT OF
                                VIJAY NAGAR COLONY,VIDISHA (MADHYA
                                PRADESH)

                          2.    HARICHARAN S/O SHRI MUNSHILAL SHARMA,
                                AGED ABOUT 60 YEARS, RESIDENT OF VIJAY
                                NAGAR COLONY, VIDISHA (MADHYA PRADESH)

                          3.    SMT. SAKUN BAI W/O SHRI HARICHARAN
                                SHARMA, AGED ABOUT 55 YEARS, RESIDENT OF
                                VIJAY NAGAR COLONY, VIDISHA (MADHYA
                                PRADESH)

                          4.    ASHOK KUMAR       S/O SHRI HARICHARAN
                                SHARMA, AGED ABOUT 42 YEARS, RESIDENT OF
                                BALAJIPURAM, VIDISHA (MADHYA PRADESH)

                          5.    RAMKUMAR SHARMA S/O SHRI G.L. SHARMA,
                                AGED  ABOUT     32   YEARS, RESIDENT OF
                                POORANPURA, VIDISHA (MADHYA PRADESH)

                          6.    SHWETA W/O SHRI RAMKUMAR SHARMA, AGED
                                ABOUT 30 YEARS, RESIDENT OF POORANPURA,
                                VIDISHA (MADHYA PRADESH)

                          7.    INCHARGE POLICE STATION THE STATE OF
Signature Not Verified
                                MADHYA PRADESH P.S CIVIL LINE VIDISHA
Signed by: MAHENDRA
BARIK
Signing time: 4/28/2023
10:58:41 AM
                                                                2
                                  (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (SHRI PRAMOD PACHAURI- LEARNED PUBLIC PROSECUTOR FOR THE
                          RESPONDENT NO.7- STATE )

                                  This revision coming on for ADMISSION this day, the court passed the
                          following:
                                                                ORDER

The present Criminal Revision under Section 397 read with Section 401 of CrPC filed by applicant- complainant arsing out of judgment dated 31-01- 2023 passed by 4th District and Additional Sessions Judge, Vidisha in Criminal Appeal No.18 of 2021 dismissing the appeal filed by the State- respondent no.7

herein and confirming the judgment of acquittal dated 8th April, 2021 passed by Court of JMFC, Vidisha in Criminal Case No.843 of 2015, whereby the respondents no.1 to 6 have been acquitted of offence under Section 498-A of IPC .

In the memo of revision, it is contended on behalf of complainant applicant that learned trial Court has committed an error in acquitting respondents no. 1 to 6 from the charge levelled against them.

Perused the impugned judgment.

It is settled principle of law that in an appeal challenging the judgment of acquittal, the appellate Court would be slow in interfering with the judgment of the Court below. It is the fundamental principle of criminal jurisprudence that the accused is presumed to be innocent till guilt is proved. The presumption of innocence gets strengthened after the judgment of acquittal. It is the well-settled position of law that merely because another view is possible, is not a ground to reverse the judgment of acquittal. If two views are possible, the view that is beneficial to the accused should be adopted. Further, it it settled principle of Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/28/2023 10:58:41 AM

law that High Court should interfere with the judgment of acquittal passed by trial Court if it arrives at a finding that the trial Court's decision is perverse or otherwise unsustainable.

On perusal of impugned judgment and documents available on record, this Court does not find any illegality or perversity in passing the judgment of acquittal by the trial Court. As a consequence thereof, the lower Appellate Court has also not committed any mistake in dismissing the appeal filed by the State. This revision is accordingly fails and is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/28/2023 10:58:41 AM