Back
VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Putai – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. details of conviction and sentencing (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. arguments against conviction and evidence (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. court's analysis of evidence and findings (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75) |
| 4. standard of proof required for conviction (Para 78 , 79) |
| 5. outcome of the appeals and acquittal (Para 80 , 81 , 82 , 83) |
JUDGMENT
Mehta, J.
1. Heard.
2. Vide judgment of conviction and order of sentence dated 14th March, 2014 and 19th March, 2014, passed by the learned Additional Sessions Judge, Court No. 13, Lucknow [Hereinafter, being referred to as the ‘trial Court’], in Sessions Case No. 61 of 2013, the accused-appellants were convicted for the offences punishable under Sections 376 (2)(g), 201 and 302 of INDIAN PENAL CODE , 1860 [Hereinafter, being referred to as the ‘IPC’] and were sentenced in the terms below:-
| Accused | Section(s) | Sentence aw |
(1) DNA report is substantive piece of evidence and same could not have been tendered in evidence through affidavit – Only evidence of formal nature can be given on affidavits.(2) Circumstantial evid....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, especially in capital cases; failures in fair trial procedures and unreliable circumstantial evidence undermine convicti....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt; inconsistencies in witness testimony and doubts over evidence credibility can lead to acquittal.
(1) Rape and murder – In view of Section 357(A), Cr.P.C., family members of deceased-victim would be entitled to compensation even though accused have been acquitted.(2) Extra-Judicial confession – C....
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The conviction was based on circumstantial evidence, with DNA and witness testimonies establishing the accused's guilt, affirming the death sentence as the case fell within the rarest of rare categor....
The prosecution's burden is to establish an unbroken chain of circumstantial evidence; failure to do so leads to acquittal.
Circumstantial evidence, including reliable DNA findings, can substantiate convictions in serious crimes even without eyewitness testimony.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
