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2022 (3) TMI 1548 - GUJARAT HIGH COURTOrder of Acquittal - abusing the complainant by uttering obscene words in public relating to the mother and Sister of the complainant and also to his wife and minor son - presumption of innocence - acquittal of accused - offence punishable under sections 504, 506(2) and 114 of Indian Penal Code and under sections 3(1)(10) of the Scheduled Tribes (Prevention of Atrocities Act), 1989 - HELD THAT:- It is well settled by is catena of decisions that an appellate Court has full Power to review, re-appreciate and consider the Evidence upon which the Order of Acquittal is founded. However, the Appellate Court must bear in mind that in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him under the Fundamental Principle of Criminal Jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent Court of Law. Secondly, the Accused having secured his Acquittal, the presumption of his innocence is further reaffirmed and strengthened by the trial Court. On re-appreciation of evidence, it is clear that the there was quarrel of the minor son with Dhanji and at the time of quarrel no witness was present as per the case of the complainant, when the complainant' wife Sonalben had gone to scold, the accused insulted against her caste. However, the wife of the complainant has not lodged any complaint. The complaint is filed on the next day. There is no reasonable explanation for lodging the complaint belatedly. The delay is not explained in the complaint or in the evidence, prima facie it appears that the complaint itself is suspicious. Further though the incident had happened in the public state, other independent witness is not examined. In absence of corroboration to the witnesses, the complainant's complaint is doubtful. The prosecution has failed to prove the case beyond reasonable doubt and trial court has not committed any error or illegality in acquitting the accused. The Criminal Appeal being devoid of merits is dismissed.
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