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ANJANI KUMAR SHARAN, CHANDRA SHEKHAR JHA
Sudhir Yadav – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – Heard Mr. Yogesh Chandra Verma, learned senior counsel for appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.
2. The present appeal has been filed by the appellant-convict under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction and order of sentence dated 14.06.2019 passed by learned Fast Track Court-II, Civil Court, Lakhisarai in Sessions Trial No. 494B/2011 arising out of Lakhisarai P.S. Case No. 565/2009 dated 09.11.2009 instituted under Sections 364(A)/34 of the Indian Penal Code (in short the “I.P.C.”), whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Section 364 of the I.P.C. and directed to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- and in case of failure to deposit the fine, he shall to undergo S.I. of one month, the appellant is further convicted under Section 363 of the I.P.C. and sentenced to undergo R.I. for five years and to pay a fine of Rs. 5000/- and in default of payment of fine, he shall undergo S.I. for 15 days, thereafter, the appel
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
The prosecution must prove its case beyond reasonable doubt, and failure to examine the Investigating Officer can result in significant prejudice to the accused, as demonstrated in this case.
Conviction based solely on confessions of co-accused is insufficient; prosecution must provide corroborating evidence establishing guilt beyond reasonable doubt.
The judgment emphasizes the importance of reliable evidence in cases based on circumstantial evidence, the burden of proof on the prosecution, and the right of the accused to remain silent.
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