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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Kuruva Sreenivasulu, Kurnool Dist. – Appellant
Versus
SHO, Ullindakonda P. S. – Respondent
JUDGMENT :
C. Praveen Kumar, J.
1. Heard Sri. G. Vijaya Saradhi, learned Counsel appearing for the Appellant No.1 in Criminal Appeal No. 1101 of 2015; Sri. Shaik Meeravali, learned Counsel appearing for the Appellant No.2 in Criminal Appeal No. 621 of 2015 and Sri. S. Dushyanth Reddy, learned Additional Public Prosecutor, appearing for the State.
2. Criminal Appeal No. 621 of 2015 is filed by Accused No.2, while Criminal Appeal No. 1101 of 2015 is filed by Accused No.1. Both these Appeals were filed against the Judgment, dated 01.04.2015, passed in SC/ST Sessions Case No. 6 of 2015 on the file of the Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-VI Additional Sessions Judge, Kurnool.
3. Originally, Accused Nos. 1 and 2 were tried for the offences punishable under Sections 366, 376(2)(m) and 376(d) I.P.C. Accused No. 1 alone was tried for the offence punishable under Section 394 I.P.C., while Accused No.2 was tried for the offences punishable under Section 394 r/w. 34 I.P.C. and Section 3(2)(V) of SC and ST (POA) Act. By its judgment, dated 01.04.2015, the learned Sessions Judge convicted both the Accused and sentenced them to (i) suffer rigorous imprisonment for a pe
The conviction under IPC Sections 391 and 395 was undermined by unreliable identification evidence and procedural delays, warranting the benefit of the doubt for the appellants.
Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.
The evidence of a victim of sexual assault stands almost at par with the evidence of an injured witness and is entitled to great weight. The delay in the test identification parade was not fatal to t....
Point of Law : Test identification report do not constitute substantive evidence and its corroboration from the surrounding circumstance is required.
The reliability of eye-witness testimonies and the test identification parade in establishing the guilt of the accused.
The prosecution failed to establish the appellants' guilt beyond a reasonable doubt due to inconsistencies in witness testimonies and procedural irregularities in identification parades.
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