Uttarakhand High Court
Gopal Singh vs Akash Nagar & Another on 7 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No.87 of 2017
Gopal Singh .........Appellant
Vs.
Akash Nagar & another ........Respondents
Present:-
Mr. Dinesh Chauhan, learned counsel for the appellant.
Mr. Rohit Kumar, learned counsel holding brief of Mr. B.M. Pingal,
learned counsel for the respondents.
Hon'ble Pankaj Purohit, J. (Oral)
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.
2. 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.
3. 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.
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4. Learned counsel for the appellant submits that acquittal
has been recorded by the trial court on the basis of minor
contradictions in the evidence.
5. 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.
5. 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.
6. 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.
7. 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.
8. 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
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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”.
9. 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.
10. 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.
11. The appeal is bereft of merit and the same is accordingly
dismissed.
12. Let the T.C.R. be immediately sent back to the trial court
for consignment.
(Pankaj Purohit, J.)
07.03.2025
AK