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RAJEEV RANJAN PRASAD, JITENDRA KUMAR
Krishna Yadav, Son of Sitarama Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Rajeev Ranjan Prasad, J.
Mr. Rajesh Kumar Sinha, learned counsel representing the appellants in both the appeals submits that he has already filed Vakalatnama in Cr. Appeal (DB) No. 499 of 1996 and has got Vakalatnama from the appellant in Cr. Appeal (DB) No. 481 of 1996 which he would be filing tomorrow i.e. on 02.04.2024.
2. He is permitted to do so.
3. Heard learned counsel for the appellants and Ms. Shashi Bala Verma, learned Additional Public Prosecutor for the State.
4. These two appeals are arising out of the judgment of conviction dated 29th August, 1996 and the order of sentence of the even date by which the appellants have been convicted for the offence under Section 364-A of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and they have been ordered to suffer a sentence of rigorous life imprisonment by the learned 1st Additional Sessions Judge, Jamui in Session Case No. 590 of 1994 in connection with Khaira P.S. Case No. 113 of 1993 (G.R. Case No. 997 of 1993).
Prosecution Case
5. The prosecution case is based on the written report submitted by one Siya Sharan Singh (PW-5) who is the father of the victim Pankaj Kumar Singh (PW-6). In his written report (E
The prosecution must prove the specific intent and compulsion required for the offences under Section 366 and Section 452 of the IPC. Thorough investigation and the recording of the victim's statemen....
Kidnapping for ransom under Section 364A requires proof of abduction and threats of death or harm, which was established in this case.
(1) Unless there are compelling circumstances or evidence placed by defence to doubt evidence of injured witness, this has to be accepted as an extremely valuable evidence in a criminal Trial.(2) Vic....
The prosecution must prove charges beyond reasonable doubt; inconsistencies in witness testimonies and lack of evidence led to the quashing of the conviction.
The judgment establishes the importance of witness identification, corroborating evidence, and the interpretation of legal provisions in establishing guilt and upholding convictions in criminal cases....
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