Format of Appeal Proposal in Bailable Offence

Proposal for appeal against acquittal in case of Cognizable and
Bailable offence
Assistant Public Prosecutor
- - - - Dist. - - - -
Out Ward No. / 2022
Date: 06/08/2022
T0,
The Hon’ble Joint Secretory
Law and Judiciary Department
--- --- -- -
--- --- --
Through: Office of the Assistant Director and Public Prosecutor
- - - - Dist. - - -
Subject: Proposal for giving direction to the Public Prosecutor to present an
appeal u/s 378 of Cr.P.C. in the Court of Hon’ble High Court against
order of acquittal passed by magistrate in respect of Cognizable and
Bailable offence
Respected Sir,
With reference to above subject, I am submitting this proposal for filling
an appeal u/s 378 of Cr.P.C. against the judgement and order dated 20/07/2022
passed by the learned J.M.F.C.- - - - Dist:- - - acquitting the accused in Summary
Criminal Case No. 100/2020 State V/S A B C for offence punishable u/s 279,337,
338 and 304-A of IPC.
The said offence is Cognizable and Bailable. Therefore, The State
Government is empowered to direct Public Prosecutor to present an appeal to the
Hon`ble High Court.
This proposal is submitted for challenging the said judgment and the order
of acquittal in this case on the following grounds and those other grounds.
BRIEF FACTS OF THE CASE
That X Y Z Police Station F.I.R No. 11/2020 is registered u/s 279,337,338
and 304-A of IPC. The accused is bus driver. While driving the bus on bridge 12
person were coming from opposite direction. They were walking. The accused
has given dash to them, 5 persons were died and 7 were injured. After completion
of investigation chargesheet is filled. Accused pleaded not guilty. The
prosecution has examined in total 14 witnesses, produced relevant documentary
evidence. Accused has not examined himself or any defense witness. After
recording of statement of accused u/s 313 of Cr.P.C. and hearing argument of
prosecution and of accused Learned Lower Court passed this judgement and order
of acquittal.
GROUNDS FOR APPEAL

1)That, the judgment and order passed by Hon`ble J.M.F.C.- - - is against the
law, equity and justice. The said judgement and order is improper and without
application of judicial mind. Therefore, it is required to be set-aside.
2) That, the Learned Lower Court has not properly appreciated the facts and
circumstances of the case and evidence on record.
3) That, the Learned Lower Court has wrongly relied on minor contradictions,
omissions and minor discrepancies in oral evidence of witness. Those are
immaterial, does not affect core and basis of prosecution case and also
credibility, reliability and truthfulness of witnesses.
4)That, the Learned Lower Court wrongly held that those 12 persons might be
puzzled due to headlights of the bus. They might be panicked and started
running. The probability of dash due to that can not be ruled out. There was rain
but wiper of the bus was not functioning. So, there was probability that vision
of the road may not be clear. It is held that offence against accused is not
proved beyond reasonable doubt.
5)That the Learned Lower Court ignored settled position of law that defect in
investigation cannot be made ground for acquittal. The prosecution relied on
Allarakha K. Mansuri vs State of Gujarat (2002) 3 SCC 57
6)That the spot Panchnama is proved and corroborated by I.O. and other
witnesses. The width of road was of 20 feet with 5 feet side strips. There was a
blood mark and other marks of accident. The wheel marks were found at a
distance of 90 feet.
7)That the evidence shows that accused drove the bus in high speed. There is
also curve near the place of the incident. He ought to have taken more care and
caution while driving on bridge near the curve. The sky was cloudy and there
was rain. He did not lower down the speed. He made no effort to avoid the dash
to the persons coming from opposite direction.
8) That the evidence shows that he has driven bus on public way in a manner so
rash and negligent as to endanger human life, under influence of alcohol. His
negligent overt act and rashness has caused death of 5 persons and caused hurt
and grievous hurt to 7 persons. He has disregarded the personal safety of others.
9) There is no reason to disbelieve the evidence of conductor, eye witnesses and

injured. The fact that 5 persons died and 7 were injured is not disputed. The
identity of accused and spot of incidence, driving of bus by accused at the time
of incidence is also not disputed.
10) It is well settled that a rash act is primarily an over-hasty act. It is opposed
to deliberate act. It is the duty of the driver to adopt reasonable and proper care
and precaution having regard to the all attending circumstances.
11) That the Learned Lower Court has not considered properly law laid down
by Apex Court in following authorities which prosecution relied.
1. Ravi Kapur vs State of Rajasthan AIR 2012 SC 2986
2. Duli Chand vs Delhi Administration AIR 1975 SC 1960
3. Shaikh Maheboob S/O S.K.Moosa vs State of Maharashtra
2009 Mh.L.J (Cri) 434
12)That, Learned Lower Court ought to consider that accused has committed
the said offence and held him guilty u/s 279,337,338 and 304-A of IPC.
13)Thus, the Learned Lower Court was wrong in interpreting the law and
appreciating the evidence on record as well as facts and circumstances of the
case. Therefore, the said judgment and order of acquittal passed by learned
lower court needs to be interfered. It is required to be set aside.
14)Limitation: That said judgement and order of acquittal is passed on

20/07/2022. Application for certified copies is given on same day. Certified
copies are received on 24/07/2022. The limitation of 90 days is provided for
appeal as per Article 114 of Limitation Act. The leave to appeal of the Hon`ble
High Court is required to this appeal. The limitation is 30 days from the date of
grant of special leave as per Article 114 of Limitation Act.
15)Jurisdiction: The said order of acquittal is passed by magistrate in respect

of Cognizable and Bailable offence. The Hon’ble High Court has jurisdiction
to entertain and decide this appeal. No any other appeal or proceeding is filled
in the Hon`ble High Court or in any other Court in respect of the said judgement
and order.
That, the certified copies and other document are enclosed herewith.
In my opinion this is fit case to prefer the appeal.
Hence if you think fit and agree with my opinion it is requested to accept
this proposal for filling appeal and the Public Prosecutor may kindly be directed
to present appeal in the Hon`ble High Court against the said order and judgment
of acquittal.
Date :06/08/2022 Yours faithfully

Sd/-
Assistant Public Prosecutor

Format of Appeal Proposal in Bailable Offence

Uploaded by

Copyright:

Available Formats

Format of Appeal Proposal in Bailable Offence

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Format of Appeal Proposal in Bailable Offence

Uploaded by

Copyright:

Available Formats

Proposal for appeal against acquittal in case of Cognizable and

GROUNDS FOR APPEAL

9) There is no reason to disbelieve the evidence of conductor, eye witnesses and

14)Limitation: That said judgement and order of acquittal is passed on

15)Jurisdiction: The said order of acquittal is passed by magistrate in respect

In my opinion this is fit case to prefer the appeal.

Date :06/08/2022 Yours faithfully

You might also like