Back
G. A. SANAP
Parvati @ Shushila Shankar Madavi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, the challenge is to the judgment and order, dated 16.02.2021, passed by the learned Additional Sessions Judge, Gadchiroli, whereby the learned Judge convicted the accused for the offences punishable under Sections 307, 353, 148 read with Section 149 of the Indian Penal Code (for short ‘the IPC’) and sentenced her to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default of payment of fine to suffer rigorous imprisonment for three months for the offence punishable under Section 307 read with Section 149 of the IPC, further sentenced her to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer rigorous imprisonment for one month for the offence punishable under Section 353 read with Section 149 of the IPC and she is further sentence to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer rigorous imprisonment for one month for the offence punishable under Section 148 of the IPC.
2. The facts are as follows:
PW-1 API Amol Nanasaheb Phadtare, is the informant. He lodged the report on 20.05.2019 at the
The judgment underscores the importance of credible evidence and proper identification in criminal proceedings, particularly in cases involving serious charges.
The prosecution must establish guilt beyond reasonable doubt, and the credibility of witness testimonies and the validity of the seizure process are crucial in determining the guilt of the accused.
The prosecution must establish the identity of the accused beyond reasonable doubt; weak witness identification leads to acquittal.
Hurt, attempt to murder and house trespass – Dock identification has no meaning at all where Investigating Officer has not been examined and TIP is not available on record – Dock identification by fe....
The reliability of eye-witness testimonies and the test identification parade in establishing the guilt of the accused.
Proper identification procedures, such as Test Identification Parade, and the examination of key witnesses are essential to establish charges beyond reasonable doubt.
The main legal point established is the importance of corroborative evidence and the need for a test identification parade to strengthen the reliability of witness identification.
Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.
The court emphasized that conviction requires credible evidence directly linking offenders to the crime, and mere presence in a large crowd is insufficient for establishing guilt.
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
