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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Sunil Singh @ Buda Singh – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard Mr. Gautam Kejriwal, learned counsel for the appellant and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.
2. This appeal has been preferred for setting aside the judgment of conviction dated 28.09.2018 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 04.10.2018 (hereinafter referred to as the ‘impugned order’) passed by learned Additional District and Sessions Judge, I-cum- Special Judge (POCSO Act), Muzaffarpur (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 848 of 2009 arising out of Kaji Mohammadpur P.S. Case No. 247 of 2004, G.R. No. 3906 of 2004 registered for the offences punishable under Sections 364A of the Indian Penal Code (in short ‘IPC’). By the impugned judgment, the appellant has been convicted for the offences punishable under Sections 364A, 368 and 120B IPC and by the impugned order, he has been ordered to undergo rigorous imprisonment for life with a fine of Rs.10,000/- under Section 364A IPC and in default of payment of fine, further three months’ rigorous imprisonment. He has also been ordered to undergo five years rigorous imprisonment with
The main legal point established is the reliance on the victim's testimony, supported by corroborative evidence, to establish the guilt of the accused in a case of abduction for ransom. The court als....
The judgment emphasizes the requirement to establish essential ingredients of the offence beyond reasonable doubt, especially in cases involving coercion and threat.
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....
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