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ANJANI KUMAR SHARAN, CHANDRA SHEKHAR JHA
Uday 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 03.05.2019 passed by learned Fast Track Court-II, Civil Court, Lakhisarai in Sessions Trial No. 494A/2011/Trial No. 326/2018, arising out of Lakhisarai P.S. Case No. 565/2009 G.R. Case No. 1226 of 2009 whereby the concerned Trial Court has convicted the present appellant for the offences under Section 363, 364 and 365 of the I.P.C. and directed to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- under Section 364 of the I.P.C. and in case of failure to deposit the fine, he shall to undergo S.I. of one month, R.I. for five years and fine of Rs. 5000/- under Section 363 of the I.P.C. and in default of payment of fine, fifteen days S.I. and R.I. for five years and fine of Rs. 5000/- under Section 365 of the I.P.C. and in default of payment of fine, fifteen days S.I.
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.
(1) Disposal of case property can be done by taking recourse to procedure contained under Sections 451, 452 and 457 Cr.P.C. as the case may be.(2) Summoning and examination of witnesses – Trial Court....
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