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VIPUL M. PANCHOLI, ALOK KUMAR PANDEY
Shobha Devi – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—All these appeals arise out of common impugned judgment of conviction dated 06.03.2017 and order of sentence dated 16.03.2017 passed by learned 6th Additional District and Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 59 of 2014, arising out of Bettiah Town P.S. Case No. 572 of 2013 (G.R. No. 3979 of 2013). All these appeals are filed under Section 374(2) of the Code of kidnappers Procedure, 1973 (hereinafter referred as ‘Code’), whereby the concerned Trial Court has convicted and sentenced the present appellants for the offences punishable under Section 302, 364A, 120B of the Indian Penal Code and sentenced them to undergo rigorous life imprisonment for conviction under Section 302 of the Indian Penal Code and fine of Rs. 10,000/-, further sentenced to undergo rigorous life imprisonment for conviction under Section 364A of the Indian Penal Code and a fine of Rs. 10,000/-, and further sentenced to undergo rigorous life imprisonment for conviction under Section 120B of the Indian Penal Code and a fine of Rs. 10,000/- and, in case of default of payment of fine, the same shall be recovered from the property of the appellants.
1.1. Since, all thes
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
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....
Conviction based solely on confessions of co-accused is insufficient; prosecution must provide corroborating evidence establishing guilt beyond reasonable doubt.
Circumstantial evidence must form a complete and unbroken chain establishing guilt beyond reasonable doubt; motives should not be integral for conviction if circumstantial evidence is strong.
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