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RAJEEV RANJAN PRASAD, RAMESH CHAND MALVIYA
Vivek Kumar @ Vivek @ Modi @ Ram Vivek Kumar – Appellant
Versus
State of Bihar – Respondent
Ramesh Chand Malviya, J.—Heard Mr. Ajay Kumar Thakur learned, counsel for the appellant in Cr. Appeal (DB) No. 822 of 2021 assisted by Mr. Birendra Kumar, Mr. Kaushal Kumar, learned counsel for the appellant in Cr. Appeal (DB) No. 99 of 2022, Mr. Gaurav Prakash, learned counsel for the informant and Ms. Shashi Bala Verma learned APP for the State.
2. Both appeals are arising out of the judgment of conviction dated 03.11.2021 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 20.11.2021 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions Judge-III, Nalanda at Bihar Sharif (hereinafter referred to as the ‘learned trial Court’) in Session Trial No. 337 of 2016 arising out of Bihar P.S Case No. 457 of 2015. By the impugned judgment, the appellant, namely, Vivek Kumar @ Vivek @ Modi @ Ram Vivek Kumar has been convicted for the offence punishable under Sections 302/120B of the Indian Penal Code (hereinafter referred to as ‘IPC’) to undergo life imprisonment and a fine of Rs. 25,000 and in default of payment of fine he shall further undergo imprisonment of another 3 months. In the said fine amount, Rs. 15,000 would be pa
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 establish an unbroken chain of evidence beyond reasonable doubt for conviction, failing which the accused is entitled to acquittal.
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.
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