RAMPHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal is directed against the judgment dtd. 16/12/2022 passed by the learned Additional Sessions Judge, Rewari, whereby respondent No.2 (herein) were acquitted from the charges under Ss. 498-A and 306 of the IPC by granting them the benefit of doubt.

(2.) In the present appeal, the pertinent facts for adjudication are that the FIR No.144, dtd. 14/5/2019, was lodged against the accused-respondent No. 2 namely Tanender S/o Rattan Lal, resident of village Chillhar, Police Station Kasola, Rewari, under Ss. 498-A and 306 of the Indian Penal Code (for brevity the 'IPC') at Police Station Kasola, District Rewari. The matter proceeded to trial before the Court of learned Additional Sessions Judge, Rewari, which concluded its proceedings and, vide judgment dtd. 16/12/2022, acquitted the accused (respondent No.2 herein) of all the charges. The Court below held that the evidence brought on record by the prosecution does not meet the necessary standards laid-down under Ss. 498-A and 306 of the IPC; given the insufficiency of credible evidence, there is significant doubt regarding the involvement of the accused in the alleged offence and hence he ought to be acquitted by giving him the benefit of doubt.

(3.) The appellant, aggrieved by the findings of the Court below, has now invoked the appellate jurisdiction of this Court, seeking re-examination of the findings as the same are based on alleged mis-appreciation of evidence and procedural irregularities. However, it is well-settled law that the scope in appeal against acquittal is limited and does not entail a re-appreciation of evidence unless there is a manifest illegality or a serious miscarriage of justice.