State Of Gujarat vs Chinubhai Bhikhabhai Solanki on 25 March, 2026

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    Gujarat High Court

    State Of Gujarat vs Chinubhai Bhikhabhai Solanki on 25 March, 2026

                                                                                                                              NEUTRAL CITATION
    
    
    
    
                            R/CR.A/1048/2012                                               CAV JUDGMENT DATED: 25/03/2026
    
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                                                                                         Reserved On   : 10/03/2026
                                                                                         Pronounced On : 25/03/2026
    
                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                                R/CRIMINAL APPEAL NO. 1048 of 2012
    
                                                              With
                                                R/CRIMINAL APPEAL NO. 1540 of 2012
                          ==========================================================
    

    STATE OF GUJARAT
    Versus
    CHINUBHAI BHIKHABHAI SOLANKI & ORS.

    ==========================================================
    Appearance:

    SPONSORED

    MR YUVRAJ BRAHMBHATT, APP for the Appellant(s) No. 1
    ABATED for the Opponent(s)/Respondent(s) No. 2
    MR K J PANCHAL(2422) for the Opponent(s)/Respondent(s) No. 1,3,4
    ==========================================================

    CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

    COMMON CAV JUDGMENT

    1. Feeling aggrieved by and dissatisfied with the

    judgment and order of acquittal dated 31.03.2012, passed by

    the learned Additional Sessions Judge, Court no.7,

    Ahmedabad in Sessions Case No.141 of 2009, for the offences
    punishable under Sections 498(A), 306 and 114 of the Indian

    Penal Code, the appellant – State of Gujarat has preferred

    this appeal under Section 378 of the Code of Criminal

    Procedure, 1973 (for short, “the Code”). Vide order dated

    02.08.2025, the appeal is abated qua respondent no.2. The

    appeal is heard qua rest of the respondents.

    2. The prosecution case as unfolded during the trial

    before the trial Court is that the complainant Sumanbhai

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    Nanalal Chauhan lodged a complaint before Naranpura Police

    Station, which was registered as C.R. No. I-438/2007 for

    offences under Sections 498A, 306 and 114 of the IPC. His

    daughter Bhargavi was initially married to Mayankkumar

    Dahyalal Mojagar in 1999 and had a daughter named Vidhi,

    but the marriage ended in divorce and she started living

    with her parents. Subsequently, Bhargavi remarried

    Chinubhai Bhikhabhai Solanki on 07.02.2004 and started

    residing with him and his family at Naranpura, Ahmedabad,

    along with her daughter Vidhi, and another daughter Mani

    was born from the said marriage. It is alleged that after the

    marriage Bhargavi was subjected to cruelty and harassment

    by her husband and in-laws for dowry and was repeatedly

    pressurized to bring money from her parental home. The

    accused persons allegedly demanded Rs.3,00,000 for the
    admission of a family member in M.Pharm and quarrelled

    with her when she failed to bring the amount. Due to

    continuous harassment and cruelty, Bhargavi allegedly

    committed suicide by hanging on 22.07.2007, leading the

    complainant to lodge the present complaint against the

    accused.

    3. After investigation, sufficient prima facie evidence

    was found against the accused person/s and therefore charge-

    sheet was filed in the competent criminal Court. Since the

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    offence alleged against the accused person/s was exclusively

    triable by the Court of Sessions, the learned Magistrate

    committed the case to the Sessions Court where it came to

    be registered as Sessions Case No.141 of 2009. The charge

    was framed against the accused person/s. The accused

    pleaded not guilty and came to be tried.

    4. In order to bring home the charge, the prosecution

    has examined 11 witnesses and also produced 20

    documentary evidence before the trial Court, which are

    described in the impugned judgment.

    5. After hearing both the parties and after analysis

    of evidence adduced by the prosecution, the learned trial

    Judge acquitted the accused for the offences for which the
    charge was framed, by holding that the prosecution has failed

    to prove the case beyond reasonable doubt.

    6. Learned APP for the appellant – State has

    pointed out the facts of the case and having taken this Court

    through both, oral and documentary evidence, recorded before

    the learned trial Court, would submit that the learned trial

    Court has failed to appreciate the evidence in true sense and

    perspective; and that the trial Court has committed error in

    acquitting the accused. It is submitted that the learned trial

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    Court ought not to have given much emphasis to the

    contradictions and/or omissions appearing in the evidence and

    ought to have given weightage to the dots that connect the

    accused with the offence in question. It is submitted that

    the learned trial Court has erroneously come to the

    conclusion that the prosecution has failed to prove its case. It

    is also submitted that the learned Judge ought to have seen

    that the evidence produced on record is reliable and

    believable and it was proved beyond reasonable doubt that

    the accused had committed an offence in question. It is,

    therefore, submitted that this Court may allow this appeal by

    appreciating the evidence led before the learned trial Court.

    7. As against that, learned advocate for the

    respondents would support the impugned judgment passed by
    the learned trial Court and has submitted that the learned

    trial Court has not committed any error in acquitting the

    accused. The trial Court has taken possible view as the

    prosecution has failed to prove its case beyond reasonable

    doubt. Therefore, it is prayed to dismiss the present appeal

    by confirming the impugned judgment and order passed by

    the learned trial Court. The father of the complainant was

    not present.

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    8. In the aforesaid background, considering the oral

    as well as documentary evidence on record, independently and

    dispassionately and considering the impugned judgment and

    order of the trial Court, the following aspects weighed with

    the Court :

    8.1. The Criminal Appeal no.1048 of 2012 is filed by the

    State and the Criminal Appeal No.1540 of 2012 is filed by

    the father of the deceased.

    8.2. The prosecution relied on the complaint which is filed on

    28.07.2007, which is after 6 days from the date of incident,

    as the incident had taken place on 22.07.2007, at 11.30 am.

    The reason that has been stated in the complaint for not

    filing the complaint on time was, as the complainant was
    busy in the last rites of the deceased. In the complaint, the

    father of the deceased has stated that the marriage of the

    deceased with accused no.1 took place on 07.02.2004 and the

    initial period of the marriage of deceased and the accused

    no.1 was cordial and thereafter, the deceased was taunted for

    not bringing any dowry from her parents’ house and that the

    deceased should get money from her parents’ house and

    accused nos.2 to 4 were instigating accused no.1, against the

    deceased and that accused no.1 was time and again

    physically harassing the deceased and that the deceased had

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    informed the complainant about the said incident on

    telephone and that accused no.4 i.e. the nephew of accused

    no.1 was also harassing the deceased. It is also the case of

    the prosecution in the complaint that the demand of

    Rs.3,00,000/- to be paid for donation for admission of accused

    no.4, was sought by accused no.3, from the deceased and as

    the deceased has stated that she would not be in a position

    to get the said amount on 20.07.2007, the accused nos.1 and

    4 had quarrelled with the deceased and she was told to

    leave the house and at that point of time the deceased along

    with daughter-Vidhi who was her daughter from first

    marriage, had reached Akhbarnagar circle at around 9.00 pm

    and as the complainant came to know about the said fact, he

    had instructed the deceased to come to her parental house

    and thereafter on 21.07.2007 the friend and office colleague of
    accused no.1 Vijaybhai had come to the parental house of the

    deceased at Kalol and assured that the deceased would not

    have any difficulty at her matrimonial home and thereafter

    deceased with daughter Vidhi had come to her matrimonial

    home, on 22.07.2007 and it is a case of prosecution that,

    when the complainant had tried to communicate with the

    deceased, at around 08.30, in the morning, at that point of

    time, the phone was received by the deceased and at that

    point of time the complainant, could hear that, there was

    some quarrel between the deceased and accused no.1, wherein

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    accused no.1, was shouting at the top of his voice and on

    inquiry the deceased had informed the complainant that she

    is tired of her life and she will live her life her way and

    thereafter the complainant received a phone call from the

    friend of accused no.1-Vijaybhai Joshi and he came to know

    about the said incident and thereafter the complaint is filed.

    8.3. The prosecution has examined as P.W.9 Dr.Tappan

    Mehta who was on duty at V.S. Hospital vide exhibit-52, as

    P.W.9. He had conducted the postmortem of the deceased and

    the postmortem report is produced vide exhibit-55 and the

    cause of death was due to asphyxia as a result of hanging.

    The prosecution has thereafter examined the aunty(maasi) of

    the deceased Taraben Chauhan, vide exhibit-14, as P.W.1 and

    in her deposition she has stated that she lives near the
    matrimonial home and she has stated that the accused no.1

    had called her and informed her about the incident and

    thereafter, she had called her other sister Savitaben to

    inform her about the said incident. In her deposition she has

    stated that the deceased used to regularly come to her house

    and used to inform that the accused used to physically and

    mentally harass her and accused no.4 was demanding an

    amount of Rs.3,00,000/- for his admission and that she was

    tired because of the said harassment. In cross-examination

    she has admitted that the Police had taken her statement on

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    29.07.2007.

    8.4. The prosecution has thereafter examined the brother of

    the deceased Manish Chauhan vide exhibit-15 as P.W.2. He

    has in his deposition stated that the deceased used to come

    to his residence and at that point of time the deceased had

    informed that accused no.4 was demanding an amount

    Rs.3,00,000/- and the said demand was made by accused no.1

    and that accused no.2 that is the mother-in-law of the

    deceased used to harass the deceased. It has also been stated

    by the said witness that there were also disputes with

    accused nos.1, 2 and 3 with respect to the girl child that the

    deceased had got from her first marriage. He has also stated

    that the Police had taken his statement on 23.07.2007 and

    thereafter on 28.07.2007.

    8.5. The prosecution has thereafter examined Kanubhai

    Parmar, the husband of Savitaben i.e. the uncle of the

    deceased, vide exhibit-19 as P.W.3. He has stated that the

    deceased used to come to her house and used to state that

    there were quarrels at the matrimonial home. The said

    witness had gone to Naranpura Police Station and had given

    a statement which is produced vide exhibit-20. If the first

    statement that has been given by the said witness is taken

    into consideration which is produced vide exhibit 20, the said

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    witness has stated that, he is not aware as to why the

    deceased had taken the step of committing suicide. He has

    also stated in his deposition that on or around May-2007, the

    said witness and his family accused no.1 and the deceased

    and other persons Sanjaybhai Dhamjibhai Gohil and his wife

    and Amitbhai Babulal Sohangadat had gone to Jammu and

    Kashmir, Vaishno Devi, Delhi, Haridwar, Rishikesh and other

    places for vacation and had come back on around 25.05.2007.

    He has also deposed before the Court that the deceased and

    accused no.1, used to often come to their house and used to

    freely roam around. The prosecution has thereafter examined

    the other aunt of the deceased Savitaben vide exhibit 21 as

    PW-4. She is the wife of P.W.3, in her deposition, she has

    stated that deceased used to come to her house regularly and

    deceased used to tell her that her mother-in-law and brother-
    in-law and her husband used to taunt her and mentally and

    physically harass her and used to demand money to be paid

    for donation of the admission of accused no.4. The brother of

    the deceased, Sureshbhai Chauhan has been examined as

    PW-5 vide exhibit 24. He has also stated that the accused

    used to mentally and physically harass the deceased and an

    amount of Rs.3,00,000/- was demanded for paying donation for

    the admission of accused no.4. The complainant-father of the

    deceased-Suman Chauhan has been examined vide exhibit 35

    as PW-6.

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    8.6. The prosecution has produce the inquest Panchnama vide

    exhibit-44 and the witness of the said Panchnama,

    Jayashreeben Patel has been examined vide exhibit-43 as

    PW-7. In her deposition, she has stated that she had good

    relation with the deceased and that the house of the

    deceased was opposite to the her house and the deceased and

    the said witness used to meet often, while purchasing

    vegetables and the deceased used to regularly come to her

    house and she also used to regularly go to deceased’s house

    and that the deceased used to talk freely about the people at

    her matrimonial home and her parental home and that the

    relation between the deceased and accused no.1 was cordial

    and that there was no quarrel between them and the said

    fact was informed by the deceased to her and that the
    deceased and the accused no.1 along with 2 daughters Vidhi

    from her first marriage and Mani from the marriage between

    the deceased and the accused used to go out during festivals

    and they also used to celebrate birthdays together.

    8.7. The prosecution has thereafter produced a Panchnama of

    production of clothes of the deceased vide exhibit-46 and the

    panch witness of the said Panchnama Rashmikanth Chauhan

    has been examined as PW-8 vide exhibit-45 who in his cross-

    examination stated that he is a distant relative of the

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    deceased. The prosecution has thereafter examined the friend

    of the accused and the co-employee of accused no.1, Vijay

    Joshi as PW-10 vide exhibit-56. The said witness has turned

    hostile and has not supported the case of the prosecution.

    8.8. The prosecution has thereafter examined the Police

    Officer at Naranapura Police Station-Divya Raviya vide

    exhibit-65 as P.W.11, in his deposition he has admitted that

    he has not taken the statement of the mother of the

    deceased-Kalaben nor is the statement of another brother

    Shaileshbhai Sumanbhai taken by the Investigating Officer.

    8.9. If the entire evidence is taken into consideration, the

    complainant has admitted that he came to know that the

    accused were demanding Rs.3,00,000/- on 20.07.2007 and he
    also admits that when they reached the house of accused

    no.1, the Police were questioning all the relatives and his son

    and at that time, he had not given a statement to the Police

    that there was a demand of Rs.3,00,000/- for the admission

    of accused no.4. He has also stated that he had not informed

    the Police as to on which occasion the deceased was mentally

    and physically harassed by the accused or when there was a

    demand of dowry from the deceased. If the evidence of P.W.2

    i.e. the brother of the deceased Manish Chauhan is taken

    into consideration, in the Police Statement he has not stated

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    that the dispute was because of daughter Vidhi who was the

    child from the first marriage of the deceased. If the diary

    that has been produced vide exhibit 26 is taken into

    consideration, the said diary is in the handwriting of the

    deceased and the said handwriting has been admitted by

    P.W.5 i.e. the brother of the deceased Sureshbhai Sumanbhai.

    8.10. Taking into consideration the evidence of P.W.1-Taraben

    Chauhan, it only transpires that the deceased had informed

    her that she is tired and therefore, she will take some step.

    Uncle of the deceased who has been examined as P.W.3 and

    had gone to the Naranpura Police Station, in his statement

    before the Police vide exhibit-20 has stated that he is not

    aware of the reason why the deceased had committed suicide.

    Moreover, from his deposition it also transpires that the
    deceased along with other family members and accused no.1

    had travelled with him to Jammu and Kashmir and other

    places for vacation. From the evidence of the Doctor who has

    been examined as P.W.9 vide exhibit-52, it transpires that

    the cause of death was due to asphyxia as a result of

    hanging. Though the reason for filing a late complaint is as

    the complainant and his family members were in a shock

    and therefore the complaint is filed on 28.07.2007 but the

    fact remains that the case of the complainant was that on

    the date of incident i.e. on 22.07.2007, on telephone he could

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    hear that there was dispute between the accused no.1 and

    the deceased but the said fact was not informed to the Police

    when the Police had come to question and at that time also

    the complainant does not give any details of harassment and

    demand of Rs.3,00,000/- by the accused. Though the delay in

    filing the FIR does not make the case of the complainant

    improbable, but in the present case, it is not the case of the

    complainant that he was not aware of the alleged demand of

    Rs.3,00,000/- and that he was not aware that the accused

    were allegedly harassing the deceased and therefore the

    Sessions Court has rightly taken into consideration the delay

    of 6 days in filing the complaint. It has also come on record

    that accused no.1 was not staying with accused nos.2 and 3

    and accused nos.2 and 3 were staying out of town. Accused

    no.2 was staying at village Sami and accused no.3 was
    staying at Ahwa district Dang.

    9.1 The evidence on record and the glaring omission

    on the prosecution as pointed out above leaves no room of

    doubt that the order passed by the trial Court is as per law.

    The trial Court has rightly held that there was no positive

    evidence on record to prove that the accused by way of the

    conduct or spoken words, overtly or covertly, actually aided

    and abetted or instigated the deceased in such a manner

    that it leaves no other option for the deceased but to commit

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    suicide. In the present case, the prosecution has also not

    been able to prove the clear motive of the accused to commit

    offence of abatement. There is also no close connection

    between the accused’s action and the deceased’s choice to

    commit suicide. In view of the said fact, the prosecution has

    not been able to prove that the accused have stimulated the

    deceased to commit suicide.

    9.2 The prosecution has not proved that there was a

    clear motive to commit the offence of abatement. The

    prosecution has also not proved that the accused proceeded to

    encourage and/or irritate the deceased through words or

    insults and that the accused intended to urge the deceased to

    end it all by committing suicide. The prosecution has also

    not been able to prove the direct connection between the

    incitement and committal of suicide. The prosecution has also
    not been able to prove direct or indirect act of incitement to

    the commitment of suicide. The prosecution has also not been

    able to prove by accusation of harassment without any

    positive action on the part of the accused close to the time

    of occurrence that led and forced the deceased to commit

    suicide.

    9.3 The present matter turns on whether the conduct

    attributed to the accused satisfies the legal threshold of

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    abetment of suicide. Therefore, read as a whole, it can be

    said that mere occurrence of a suicide does not automatically

    trigger rigours of the Section. The penal consequences under

    Section 306 of the Indian Penal Code arise when the

    prosecution is able to establish that the accused abetted and

    had a role in provoking or facilitating that suicide. Therefore,

    this twin test distinction is required to be borne in mind.

    9.4 Abetment, as understood in criminal jurisprudence,

    is not a broad moral expression but a term of precise

    statutory meaning. Section 107 IPC delineates its contours:

    instigation, conspiracy, or intentional aiding. Each of these

    modes presupposes active involvement. The law does not

    punish omission except in some cases, it punishes intentional

    encouragement or positive facilitation of a prohibited act.

    9.5 It is therefore not sufficient to show that the

    deceased was unhappy, distressed, or subjected to unpleasant

    treatment. The jurisprudence developed by the Hon’ble

    Supreme Court has consistently underscored that routine

    domestic disagreements, suspicion between spouses, or

    episodes of harassment do not ipso facto amount to

    instigation. Rigours of this Section intervene only where there

    is clear evidence of mens rea and a direct causal link

    between the accused’s conduct and the decision of the

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    deceased to commit suicide.

    9.6 The concept of instigation demands something more

    than mere reproach or accusation. It connotes an active

    suggestion, an incitement, or conduct of such intensity that it

    operates upon the mind of the victim and pushes him or her

    toward this drastic and unfortunate step. The prosecution

    therefore, must demonstrate either a deliberate intention to

    drive the deceased to suicide or knowledge that the conduct

    in question was likely to produce that consequence. Equally

    indispensable is the requirement of proximity. The law insists

    on a live and immediate nexus between the acts complained

    of and the suicide. A remote or generalized allegation is

    insufficient. There must be evidence showing that the accused

    engaged in conduct so closely connected in time and effect
    with the suicide that it can reasonably be said to have

    triggered the fatal act.

    9.7 No material has been brought on record

    demonstrating any proximate act immediately preceding the

    suicide which could be construed as instigation. Nor is there

    evidence of a positive act amounting to intentional aid. The

    essential ingredients of abetment -namely, culpable mental

    state coupled with active or proximate conduct-are not

    established.

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    9.8 On an overall assessment of the evidence, the

    prosecution has failed to demonstrate the existence of the

    foundational elements necessary to sustain a conviction under

    Section 306 IPC.

    10. In the case of Mahendra K.C. v. State of

    Karnataka and another, [(2022) 2 SCC 129], it has been held

    by the Hon’ble Supreme Court that the essence of abetment

    lies in instigating a person to do a thing or the intentional

    doing of that thing by an act or illegal omission. Instigation

    is to goad, urge forward, provoke, incite or encourage to do

    “an act”. To satisfy the requirement of instigation though it

    is not necessary that actual words must be used to that

    effect or what constitutes instigation must necessarily and

    specifically be suggestive of the consequence. Yet a reasonable
    certainty to incite the consequence must be capable of being

    spelt out. A word uttered in the fit of anger or emotion

    without intending the consequences to actually follow cannot

    be said to be instigation.

    10.1 In the case of Mahendra Awase v. State of

    Madhya Pradesh, 2025 (1) Crimes 347 (SC), the observations

    are made with regard to abetment of suicide. It has been

    held that in order to bring a case within purview of Section

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    306 IPC, there must be a case of suicide and in commission

    of said offence, person who is said to have abetted

    commission of suicide must have played active role by act of

    instigation or by doing certain act to facilitate commission of

    suicide. It has been further observed that the act of

    abetment by person charged with said offence must be proved

    and established by prosecution before he could be convicted

    under Section 306 IPC. It is further observed that to satisfy

    requirement of instigation, accused by his act or omission or

    by a continued course of conduct should have created such

    circumstances that deceased was left with no other option,

    except to commit suicide.

    10.2 In the case of Amalendu Pal alias Jhantu versus

    State of West Bengal, (2010) 1 SCC 707, it has been held
    that in a case of alleged abetment of suicide, there must be

    proof of direct or indirect act(s) of incitement to the

    commission of suicide. Merely on the allegation of harassment

    without there being any positive action proximate to the time

    of occurrence on the part of the accused which led or

    compelled the deceased to commit suicide, conviction in terms

    of Section 306 IPC would not be sustainable.

    10.3 In the case of Rajesh v. State of Haryana, (2020)

    15 SCC 359, after considering the provisions of Sections 306

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    and 107 of IPC, the Court held that conviction under Section

    306 IPC is not sustainable on the allegation of harassment

    without there being any positive action proximate to the time

    of occurrence on the part of the accused which led or

    compelled the person to commit suicide.

    10.4 In the case of Amudha v. State, 2024 INSC 244,

    it was held that there has to be an act of incitement on the

    part of the accused proximate to the date on which the

    deceased committed suicide. The act attributed should not

    only be proximate to the time of suicide but should also be

    of such a nature that the deceased was left with no

    alternative but to take the drastic step of committing suicide.

    11. Further, learned APP is not in a position to show
    any evidence to take a contrary view in the matter or that

    the approach of the Court below is vitiated by some manifest

    illegality or that the decision is perverse or that the Court

    below has ignored the material evidence on record. In above

    view of the matter, this Court is of the considered opinion

    that the Court below was completely justified in passing

    impugned judgment and order.

    12. Considering the impugned judgment, the trial

    Court has recorded that there was no direct evidence

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    connecting the accused with the incident and there are

    contradictions in the depositions of the prosecution witnesses.

    In absence of the direct evidence, it cannot be proved that

    the accused are involved in the offence. Further, the motive

    of the accused behind the incident is not established. The

    trial Court has rightly considered all the evidence on record

    and passed the impugned judgment. The trial Court has

    rightly evaluated the facts and the evidence on record.

    13. It is also a settled legal position that in acquittal

    appeal, the appellate court is not required to re-write the

    judgment or to give fresh reasoning, when the reasons

    assigned by the Court below are found to be just and proper.

    Such principle is down by the Apex Court in the case of

    State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC
    1417 wherein it is held as under:

                                                     "...      This     court          has     observed      in      Girija
                                                     Nandini          Devi           V.      Bigendra           Nandini
                                                     Chaudhary (1967)1 SCR 93: (AIR 1967 SC
                                                     1124)     that       it    is     not    the     duty      of    the
                                                     appellate court when it agrees with the
    

    view of the trial court on the evidence to
    repeat the narration of the evidence or to
    reiterate the reasons given by the trial
    court expression of general agreement with
    the reasons given by the Court the decision

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    of which is under appeal, will ordinarily
    suffice.”

    14. Thus, in case the appellate court agrees with the

    reasons and the opinion given by the lower court, then the

    discussion of evidence at length is not necessary.

    15. In the case of Ram Kumar v. State of Haryana,

    reported in AIR 1995 SC 280, Supreme Court has held as

    under:

    “The powers of the High Court in an appeal
    from order of acquittal to reassess the
    evidence and reach its own conclusions
    under Sections 378 and 379, Cr.P.C. are as
    extensive as in any appeal against the order
    of conviction. But as a rule of prudence, it
    is desirable that the High Court should give
    proper weight and consideration to the view
    of the Trial Court with regard to the
    credibility of the witness, the presumption of
    innocence in favour of the accused, the right
    of the accused to the benefit of any doubt
    and the slowness of appellate Court in
    justifying a finding of fact arrived at by a
    Judge who had the advantage of seeing the
    witness. It is settled law that if the main

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    grounds on which the lower Court has
    based its order acquitting the accused are
    reasonable and plausible, and the same

    cannot entirely and effectively be dislodged

    or demolished, the High Court should not

    disturb the order of acquittal.”

    16. As observed by the Hon’ble Supreme Court in the

    case of Rajesh Singh & Others vs. State of Uttar Pradesh

    reported in (2011) 11 SCC 444 and in the case of

    Bhaiyamiyan Alias Jardar Khan and Another vs. State of
    Madhya Pradesh
    reported in (2011) 6 SCC 394, while dealing
    with the judgment of acquittal, unless reasoning by the trial

    Court is found to be perverse, the acquittal cannot be upset.

    It is further observed that High Court’s interference in such

    appeal in somewhat circumscribed and if the view taken by
    the trial Court is possible on the evidence, the High Court

    should stay its hands and not interfere in the matter in the

    belief that if it had been the trial Court, it might have

    taken a different view.

    17. In the case of Chandrappa v. State of Karnataka,

    reported in (2007) 4 SCC 415, the Hon’ble Apex Court has

    observed as under:

    “42. From the above decisions, in our

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    considered view, the following general
    principles regarding powers of the appellate
    court while dealing with an appeal against
    an order of acquittal emerge:

    (1) An appellate court has full power to
    review, reappreciate and reconsider the
    evidence upon which the order of acquittal
    is founded.

    (2) The Criminal Procedure Code, 1973 puts
    no limitation, restriction or condition on
    exercise of such power and an appellate
    court on the evidence before it may reach
    its own conclusion, both on questions of fact
    and of law.

    (3) Various expressions, such as, “substantial
    and compelling reasons”, “good and sufficient
    grounds”, “very strong circumstances”,
    “distorted conclusions”, “glaring mistakes”,
    etc. are not intended to curtail extensive
    powers of an appellate court in an appeal
    against acquittal. Such phraseologies are
    more in the nature of “flourishes of
    language” to emphasise the reluctance of an
    appellate court to interfere with acquittal
    than to curtail the power of the court to
    review the evidence and to come to its own
    conclusion.

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    (4) An appellate court, however, must bear
    in mind that in case of acquittal, there is
    double presumption in favour of the accused.

                                                  Firstly,      the     presumption           of    innocence         is
                                                  available       to    him      under        the     fundamental
                                                  principle       of     criminal          jurisprudence            that
                                                  every        person        shall    be    presumed           to    be
                                                  innocent unless he is proved guilty by a
                                                  competent           court      of    law.        Secondly,        the
    

    accused having secured his acquittal, the
    presumption of his innocence is further
    reinforced, reaffirmed and strengthened by
    the trial court.

                                                  (5)     If     two         reasonable       conclusions           are
                                                  possible on the basis of the evidence on
                                                  record,       the      appellate         court      should        not
    

    disturb the finding of acquittal recorded by
    the trial court.”

    18. The Hon’ble Apex Court, in a recent decision, in

    the case of Constable 907 Surendra Singh and Another V/s

    State of Uttarakhand reported in (2025) 5 SCC 433, has held
    in paragraph 24 as under:

    “24. It could thus be seen that it is a settled
    legal position that the interference with the
    finding of acquittal recorded by the learned

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    trial Judge would be warranted by the High
    Court only if the judgment of acquittal suffers
    from patent perversity; that the same is based
    on a misreading/omission to consider material
    evidence on record; and that no two
    reasonable views are possible and only the
    view consistent with the guilt of the accused
    is possible from the evidence available on
    record.”

    19. Considering the aforesaid facts and circumstances

    of the case and law laid down by the Hon’ble Supreme Court

    while considering the scope of appeal under Section 378 of

    the Code of Criminal Procedure, 1973 no case is made out to

    interfere with the impugned judgment and order of acquittal.

    20. In view of above facts and circumstances of the

    case, on my careful re-appreciation of the entire evidence, I

    found that there is no infirmity or irregularity in the

    findings of fact recorded by learned trial Court and under

    the circumstances, the learned trial Court has rightly

    acquitted the respondent/s – accused for the elaborate reasons

    stated in the impugned judgment and I also endorse the

    view/finding of the learned trial Court leading to the

    acquittal.

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    21. In view of the above and for the reasons stated

    above, the present Criminal Appeal fails and the same

    deserves to be dismissed and is dismissed, accordingly. Record

    & Proceedings be remitted to the concerned trial Court

    forthwith.

    Sd/-

    (SANJEEV J.THAKER,J)
    URIL RANA

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