CHANDRAKUWAR BAI Vs. AJAY

JUDGEMENT

(1.) The petitioner has preferred this criminal revision under Sec. 397 read with Sec. 401 of CrPC challenging the judgment dtd. 2/2/2023 passed by Additional Sessions Judge, Pichhore, District Shivpuri in Criminal Appeal No. 37 of 2018 confirming the judgment dtd. 30/1/2018 passed by Court of JMFC, Khaniyadhana, District Shivpuri in Criminal Case No.387 of 2012 whereby the respondents have been acquitted of charges under Sec. 498-A and 494 of IPC. It is contended on behalf of the petitioner that the learned trial Court as well as lower appellate Court has committed an error in acquitting of respondents from the charges levelled against them. Perused the impugned judgments.

(2.) It is settled principle of law that in an appeal or revision challenging the judgment of acquittal, the appellate Court would be slow in interfering with the judgment of the Courts 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 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.

(3.) On perusal of impugned judgment, 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 petitioner. This revision is accordingly fails and is hereby dismissed.