Back
CHANDRA SHEKHAR JHA
Ranjeet Kumar Singh, S/o. Madan Prasad Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
At the outset, it is important to mention that this appeal was taken on board under the caption “For Orders” where initially prayer of bail and suspension of sentence under Section 389(1) of the Cr.P.C. was raised by learned counsel appearing on behalf of the appellant but, after short argument, it is submitted that he is ready for final hearing of the appeal, which was not objected by learned APP and, therefore, this appeal is being finally heard under aforesaid caption.
2. This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 02.05.2024 and order of sentence dated 04.05.2024 passed by learned Special Judge, Excise-2, Bhagalpur in Special Excise No.177 of 2021 arising out of Sabour (Gouradih) P.S. Case No.36 of 2021, whereby the concerned Trial Court has convicted the appellant/convict for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act,2016 (for short ‘Excise Act’) and sentenced to undergo rigorous imprisonment for five years with fine of Rs.1,00,000/-and in defa
The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to procedural irregularities and witness credibility issues.
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
The prosecution must establish its case beyond reasonable doubt, adhering to statutory requirements; failure to do so results in acquittal.
The court emphasizes the importance of adequate evidence and proper procedure in maintaining the integrity of judicial proceedings.
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
