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2008 (9) TMI 953
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....Palghar, Maharashtra. He is a practising advocate at Dahanu Court. According to the prosecution, on June 07, 2003, complainant had gone to Dahanu Court. In the evening, he went to Vangaon by train and therefrom he was to go to his residence at Chinchani. For that purpose, he went to Dahanu Railway Station at about 6.00 p.m. and boarded Firozpur Janta Train. He reached Vangaon at 6.15 p.m. On platform No. 2, he saw Deepa Gajanan Patil who was going to Mumbai. The complainant was knowing her. He, therefore, asked her as to where she was going. She told the complainant that she had come to receive her father. Meanwhile, accused Sujay Mangesh Poyarekar-respondent herein alighted from Virar-Surat shuttle. The accused came near the complainant and asked him why he was standing there and started abusing him. The accused also alleged that the complainant was flirting with his wife. So saying, the accused assaulted the complainant with knife in his stomach, on right shoulder, below left armpit and on back-side. The complainant received injuries. He immediately went to Station Master's cabin. In the meanwhile, his sister Charushila and one Hitendra came there and took complainant to the ....
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....ember 23, 2007 when the Special Leave Petition was placed for admission hearing, notice was issued. It was indicated in the order that the notice will state as to why Special Leave Petition should not be disposed of by setting aside the order passed by the High Court and by remitting the matter to the High Court to be decided in accordance with law. Service of notice had been effected on the accused who appeared through counsel. An affidavit in reply is also filed justifying the order passed by the High Court refusing leave. 10. We have heard learned Counsel for the parties. 11. The learned Counsel for the State contended that the High Court has committed an error of law in not granting leave to the State to file an appeal against the order of acquittal recorded by the Sessions Court. The counsel submitted that from the material placed before the Court, it is clearly established that PW1-Rajan sustained injuries which were proved from the evidence of Dr. D'Souza-PW12. According to PW1-Rajan, injuries had been caused by the accused. PW2-Charushila real sister of complainant had corroborated the version of PW1-Rajan. The High Court ought to have appreciated the prosecution ....
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....tate. The Trial Court considered the prosecution evidence in detail and came to the conclusion that the prosecution was unable to prove case against the accused beyond reasonable doubt and was, therefore, entitled to acquittal. It was not necessary for the High Court when it agreed with the order of acquittal recorded by the trial Court to record reasons again for such acquittal. It was, therefore, submitted that no case has been made out for interference by this Court and the appeal deserves to be dismissed. 15. Having heard learned Counsel for the parties, in our opinion, the appeal deserves to be allowed. 16. So far as the preliminary objection raised by the learned Counsel for the accused is concerned, we find no substance therein. The case in hand was instituted on the basis of First Information Report. It was thus a Police case. De facto complainant, therefore, has no right to file an appeal. He, therefore, preferred a revision. Now it is well settled that revisional jurisdiction can be exercised sparingly and only in exceptional cases. A revisional Court cannot convert itself into a regular Court of Appeal. 17. Interpreting the provisions of Section 439 of the Code ....
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....on application, therefore, cannot affect the power of the State in invoking statutory remedy available under Section 378 of the Code. The preliminary objection has, therefore, no force and is hereby rejected. 19. So far as an application for leave to appeal by the State is concerned, the High Court rejected it without considering the evidence of the prosecution. In the impugned order, the High Court noted that it had heard the learned Assistant Public Prosecutor. It went on to state that none of the injuries sustained by the victim was `fatal'. According to the High Court, the cause behind the assault was that the complainant-advocate was teasing the wife of the accused, who was also working in the Court. 20. It then proceeded to observe; The trial Court has appreciated the evidence properly and has also taken into consideration the number of complaints filed against the said advocate complainant including the apology tendered by the complainant to the President, Bar Association, Dahanu and the action taken by the Bar Council. The trial Court found inherent improbabilities in the case of the complainant and therefore acquitted the accused. The judgment of the tri....
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....w the said object that the principle has to be understood and applied. 26. Now, every crime is considered as an offence against the Society as a whole and not only against an individual even though it is an individual who is the ultimate sufferer. It is, therefore, the duty of the State to take appropriate steps when an offence has been committed. 27. We may hasten to clarify that we may not be understood to have laid down an inviolable rule that no leave should be refused by the appellate Court against an order of acquittal recorded by the trial Court. We only state that in such cases, the appellate Court must consider the relevant material, sworn testimonies of prosecution witnesses and record reasons why leave sought by the State should not be granted and the order of acquittal recorded by the trial Court should not be disturbed. Where there is application of mind by the appellate Court and reasons (may be in brief) in support of such view are recorded, the order of the Court may not be said to be illegal or objectionable. At the same time, however, if arguable points have been raised, if the material on record discloses deeper scrutiny and re-appreciation, review or recon....
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.... the Code admitted that he was present at Vangoan Railway Station on June 07, 2003; that he complained to PW9 Naresh Kumar that one person was flirting with his wife; that he was arrested by PW 13 Dattatraya and was sent for medical examination, that PW11 Dr. Padmaja examined him and issued Medical Certificate (Ex. 32). He stated that his wife and passengers at the Railway Station had severely beaten the complainant. It has also come on record that complaints were made to the Dahanu Bar Association. Certain documents were also produced relating to objectionable behaviour by the complainant, lodging of complaints by the accused and resolution passed by the Dahanu Bar Association. 34. The trial Court also recorded a finding that the defence counsel had successfully established enmity between the complainant and the accused. According to the Court, on the date of incident i.e. on June 7, 2003, around 6.15 p.m., there was a scuffle between the complainant on one hand and the accused on the other hand on account of misbehaviour by the complainant towards the wife of the accused. The trial Court came to the conclusion that from the testimony of PW10- Dr. Padmaja who examined the accus....
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....r of acquittal. (1) An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 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 emphasize 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. (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 available to him under the fundamental ....