In Ravi Sharma v. State

HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.391 OF 2o24 JUDGMENT: 1 . The State is aggrieved by the judgment of acquittal of the respondent/ accused for the offence under Sections 354 and Section 506 IPC vide judgment in S.C.No.309 of 2015, dated 10.07.2023 passed by the Assistant Sessions Judge, Medchal-Malkajgiri District, Malkajgrri.

2. The victim/P.W. 1 was a movie artist: The respondent/accused was resident of Bandlaguda. One Achutha Rao was working as a car driver under the accused and while working under him, he took an amount of Rs.2O,0O0/- from the accused and later refrained from doing his job as the driver under the accused. The accused then demanded the said Achutha Rao for repayment of the amount of Rs.14,000/-. A1 did not agree to grant time for pa5rment of Rs.14,O00/-, AS such, P.W. I suggested Achutha Rao to lodge a complaint. Thereafter, on 05.O8.2O14, the said Achutha Rao committed suicide. On the said date, the a,lleged incident of outraging the modest5r of P.W. 1 allegedly happened

3. Learned Assistant Sessions Judge having examined witnesses found that: z i) The prosecution has to prove that there was assault and criminal force on P.W. I by the accused with intent to outrage her modesty. ii) Scene of offence was at RGK Colony, Bandlaguda at 12.00 p.m. However, complaint was filed with a delay at 7.0O p.m. iii) The incident happened where said Achutha Rao committed suicide when P.W.1 went to see the dead body. However, except P.W.l and her mother/P.W.2, no other person supported the case of the prosecution. iv) P.w.2 is the mother of Achutha Rao and it was alleged that the accused was responsible for the suicide of Achutha Rao. v) In the back ground of inimical terms in between Achutha Rao and the accused, false case was filed.

4. On the other hand, learned Assistant Public Prosecutor would submit that P.W. l, who is woman would speak false against the accused and implicate him taking risk of social stigma.

5. Having gone through the record, the alleged incident happened the place where said Achutha Rao committed suicide, where several persons were present. The version of P.W. 1, in the back ground of the case, supports the version of the prosecution regarding monetar5r transaction 3 in bebween Achutha Rao and the accused, further, P.W. 1 asking Achutha Rao to lodge complaint against accused, the said factors ind.icate false implication. Learned Assistant Sessions Judge has rightly concluded that complaint was falsely filed against accused.

6. In Ravi Sharma v. State (Government of NCT. of Dethi) and anotherl, the Hon'ble Supreme Court held that while dealing with an appeal against acquittal, the appellate court has to consider whether the trial Court's view cal be termed as a possible one, particularly when evidence on record has been analysed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused. Thus, the appellate court has to be relatively slow in reversing the order of the trial court rendering acquittal. I I

7. ln Ghureg Lal a. Sto'te of Uttar Pradesh, the Hon,ble Supreme Court after referring to several Judgments regarding the settled principles of law ald the powers of appellate Court in reversing the order of acquittal, held at para f 70, as follows: '7O. In the tight of tte aboue, the High Court qnd other appe\tqte Courts slwuld foltow the uelt-settled principles crystallized bg number of Judgments if it is going to overntte or othenuise d"isturb the tial courl's acquittal:

1. The appellate court mag onlg ovemtle or oth.enuise disturb tl,Le ti(tl court's acquittal if it has 'uery substantial o.nd- compelling reasons" for doing so. A number of instances aise in which tle appellote aurt uould. lwue "uery substantiat and. compelling reasons' to discard the tial court's d,ecision. "Very substantial and compelling reasons" eist when: i) The trial courT's conclusion with regard to tle facts is palpablg wrong: ii) The tial court's decision u.tos based on an erroneous uiew of law; I (2022) 8 Supreme Court Cases 536 ' 1zoo81 10 Srp.erne Court Cases 450 ":\ 4 iii) The tial court's judgment is likelA to resutt in "graue miscarriage of iustice'; ii) The entire approach of the tri@l coutt ift de<Lling uith tle euidence uas patentlg illegal; - ,j ffn tAol court's iud.gment wos manifestLA unjust and unreasonabte; 4 fnn taa aurt ias ignored th.e euidence or misredd the matei@l evidence or etc. fi.ndings of the ti@l coutt. uiiJ ?his list is intended to be illustratiue, not exhaustiue' 2. The appellate court must ahaags giue proper ueight and consideration o the If tuto reasonable uieuts can be reached_ one th.at leads-to dcquitTaL the otlLer to Lonuiction High Courts/ appettate courls must rule in fauour of the accused " -the g. In view of above discussion, I do not see any reason to interfere with the well reasoned judgment of the trial Court'

9. Accordingly, Criminal Appeal is dismissed' //TRUE COPY// Sd/. I. NAGA LAKSHMI DEPUTY REGISTRAR SECTION OFFICER To Records if any) '1. The Assistant Sessions Judge, Medhcal-Malkajgiri District, Malkajgiri. (with 2. The X Metropolitlrn Magistrate, Cyberabad At Malkajgiri. 3. Two CCs to the Public Prosecutoi, High Court for thistate of Telangana at 4. One CC to SRl. GOVARDHAN REDDY JOUNDLA, Advocate tOpUCl 5. Two CD Copies Hyderabad (OUT) pr/va w HIGH COURT DATED: 2210112025 JUDGMENT CRLA.No.391 of 2024 DISMISSING THE CRL.APPEAL B e5 b o /: li- o r ->'.t ( v z o -Lta 2 g APfl 2025 t') Si)^l n 5,rr( , -;a/'