Gopal Singh vs Akash Nagar & Another

This appeal is preferred by the appellant-complainant assailing the judgment and order dated 23.02.2017, passed by Chief Judicial Magistrate, Almora in Criminal Compliant Case No.585 of 2011, Gopal Singh vs. Akash Nagar & another. By the said judgment, the said court has acquitted the respondents-accused persons of the offence punishable under Sections 427, 452, 504 & 506 IPC.

The facts in brief are that the complainant is a member of Pleasant Valley Foundation. On 31.10.2011 about 08:15 a.m. when the appellant-complainant was in his premises both the accused-respondents entered his premises without permission and started clicking the photographs of society of appellant and on being stopped, the respondents started abusing and giving threats. They also allegedly damaged the tiles kept in premises. The learned CJM after recording statements of appellant under Sections 200, 202 Cr.P.C. summoned the accused under Sections 427, 452, 504 & 506 IPC.

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 they denied the complainant’s story. The trial court at the end of trial has recorded the finding of acquittal. Hence, this appeal.

Learned counsel for the appellant submits that acquittal has been recorded by the trial court on the basis of minor contradictions in the evidence.

In this matter, the trial court disbelieved the story of prosecution on the ground that there are certain contradictions in the statements of complainant/PW1 at the stage of Sections 200 and 244 Cr.P.C. and further it was also observed that statements of PW2 did not corroborate statements of PW1.

The trial court disbelieved the story of complainant as there was enmity between respondent no.1 and the complainant as former had published some articles in newspaper regarding certain land transaction in the appellant’s Society/foundation. Also the learned trial court was not satisfied with the evidence which was adduced regarding the alleged trespass and destruction of tiles.

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.

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.

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”.

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.

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.

The appeal is bereft of merit and the same is accordingly dismissed.

Let the T.C.R. be immediately sent back to the trial court for consignment.