Uttarakhand High Court
Smt. Maya Devi vs Chanchal Singh & Others on 7 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Judgment Reserved on:05.03.2025
Judgment Delivered on:07.03.2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No.50 of 2007
Smt. Maya Devi .........Appellant
Vs.
Chanchal Singh & others ........Respondents
Present:-
Mr. B.S. Adhikari, learned counsel for the appellant.
Mr. Ketan Aswal, learned counsel holding brief of Mr. D.S. Mehta, learned
counsel for respondent nos.1 to 6.
Mr. B.C. Joshi and Mr. S.C. Dumka AGAs with Mr. Vipul Painuly, learned
Brief Holder for the State.
Hon'ble Pankaj Purohit, J. (Oral)
This appeal is preferred by the appellant-complainant
assailing the judgment and order dated 20.01.2007, passed by Chief
Judicial Magistrate, Pithoragarh in Criminal Compliant Case No.402
of 2006, Smt. Maya Devi vs. Chanchal Singh & others. By the said
judgment, the said court has acquitted the respondents-accused persons
for the offence punishable under Sections 451/ 323 IPC.
2. The facts in brief are that on 18.01.2006 at around 08:45
a.m. when the complainant was at her house the accused person
trespassed in her house and attacked her by fists and kicks. On seeing
this, her son saved her. She immediately went to police station for
lodging an FIR. But, even after medical reports, police did not proceed
with the matter and she had to file a complaint under Section 200
Cr.P.C. Learned CJM initially summoned the accused under Sections
147, 452 & 323 IPC, which after examination were converted to
Sections 451/323 IPC and a trial was conducted under these sections.
3. During trial as many three witnesses were produced by
the prosecution in order to prove her case. Thereafter, the statements of
respondent accused persons were recorded under Section 313 of the
Cr.P.C. in which they denied the complainant's story. The trial court
at the end of trial has recorded the finding of acquittal. Hence, this
appeal.
4. In this matter, the trial court disbelieved the story of
prosecution on the ground that the complaint to S.P. does not contain
endorsement of receiving and the delay in lodging the complaint was
also unexplained. Also, the trial court observed contradictions in the
statements of complainant/PW1 at the stages of Section 200 & 244
Cr.P.C and the statements of PW2 also lacked veracity in the opinion
of trial court.
5. The trial court disbelieved the story of complainant as no
independent witnesses were examined and also on the ground of old
rivalry between the parties.
6. Heard. Perused the Trial Court Record very carefully with
the help of learned counsel for the parties. The finding recoded by the
learned trial court is quite convincing and needs no interference.
7. There is yet another aspect of the matter. The respondents
have been acquitted. In appeal against acquittal it is held by Hon'ble
Apex Court in catena of judgments that the Courts should be slow in
interfering in the judgments of acquittal as the innocence of the
accused is further re-inforced by his acquittal. Unless and until there is
perversity in the judgment of acquittal, the same should not be
interfered with.
8. It is trite law that that while hearing the appeal against
acquittal, the power of reviewing evidence must be exercised with
great care and caution. In order to ensure that the innocents are not
punished, the appellate court should attach due weight to the lower
court's acquittal because the presumption of the innocence is further
strengthened by the acquittal. The appellate court should reverse an
acquittal only when it has "very substantial and compelling reasons". I
am fortified in my view by the judgment of the Hon'ble Apex Court in
case of "Ghurey Lal Vs. State of Uttar Pradesh" reported in (2008)
10 SCC 450. For the sake of convenience, paragraph no.3 of the said
judgment is quoted below:-
" 3. We have endeavoured to set out the guidelines for the
appellate courts in dealing with appeals against acquittal.
An overriding theme emanates from the law on appeals
against acquittals. The ap pellate court is given wide
powers to review the evidence to come to its own
conclusions. But this power must be exercised with great
care and caution. In order to ensure that the innocents are
not punished, the appellate court should attach due weight to
the lower court's acquittal because the presumption of
innocence is further strengthened by the acquittal. The
appellate court should, therefore, reverse an acquittal only
when it has "very substantial and compelling reasons".
9. The trial court has passed an elaborate judgment for
recording the finding of acquittal and this Court does not want to
reiterate the same for the sake of repetition. Learned counsel for the
appellant could not argue any ground so as to interfere with the well
reasoned judgment passed by the trial court.
10. For the aforesaid reasons and following the dictum of the
Hon'ble Apex Court, I am also of the considered view that no ground
for interference, at all, is made out in this matter, as there is no
illegality and perversity in the impugned judgment and order.
11. The appeal is bereft of merit and the same is accordingly
dismissed.
12. Let the T.C.R. be immediately sent back to the trial court
for consignment.
(Pankaj Purohit, J.)
07.03.2025
AK
