Uttarakhand High Court
7 March vs Smt. Tara Bisht on 17 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:1799
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No. 199 of 2012
17 March, 2025
Devendra Singh
--Appellant
Versus
Smt. Tara Bisht
--Respondent
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Presence:-
Mr. Dinesh Chauhan, learned counsel for the appellant.
Ms. Chandra Arya, learned counsel holding brief of Mr.
Prabhakar Joshi, learned counsel for the respondent.
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Hon'ble Pankaj Purohit, J. (Oral)
This appeal is preferred by the appellant-
complainant assailing the judgment and order dated
27.04.2012, passed by learned Civil Judge, (Senior
Division), Almora in Criminal Compliant Case No.11 of
2011, Devendra Singh vs. Smt. Tara Bisht. By the said
judgment, the said court has acquitted the respondent-
accused person of the offence punishable under Sections
182 & 500 IPC.
2. The facts in brief are that the complainant is a
IV Employee in department of Archeology of India at
Katarmal, Almora, the respondent on account of previous
enmity with the complainant wrote a complaint to the
Director of Archaeological Survey of India, Dehradun with
alleged defamatory contents and requesting the Director
to take action against the complainant/appellant which
according to the complainant lowered his reputation in
his office. The learned trial court after recording
statement of appellant under Section 200 & 202 Cr.P.C.
summoned the accused under Section 182 & 500 IPC.
2025:UHC:1799
3. During trial as many three witnesses were
produced by the prosecution in order to prove his case.
Thereafter, the statements of respondent accused
persons were recorded under Section 313 of the Cr.P.C.
in which she denied the complainant's story. The trial
court at the end of trial has recorded the finding of
acquittal. Hence, this appeal.
4. Learned counsel for the appellant submits that
acquittal has been awarded against the evidence
available on record.
5. In this matter, the trial court disbelieved the
story of the appellant on the grounds that the alleged
defamatory statements were proved to be true in nature.
Also, the learned trial court came to the conclusion that
the alleged complaint made to the Director was made in
her capacity as a public representation and without any
ill will on her part. It also came to the notice of the trial
court that action was also taken against the appellant on
the basis of alleged compliant.
7. Heard and 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.
8. 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.
2025:UHC:1799
9. 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 appellate 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".
10. 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.
11. 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.
2025:UHC:1799
12. The appeal is bereft of merit and the same is
accordingly dismissed.
13. Let the T.C.R. be immediately sent back to the
trial court for consignment.
(Pankaj Purohit, J.)
17.03.2025
AK
