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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Nivash Kumar Singh, S/o Late Dipa Singh @ Late Deep Narayan Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. grounds for appellate review against conviction. (Para 2 , 3) |
| 2. witness testimonies and inconsistencies in prosecution. (Para 5 , 6 , 8 , 12) |
| 3. re-evaluation of evidence by appellate court. (Para 9 , 10 , 11) |
| 4. arguments presented by counsel for both parties. (Para 13 , 14) |
| 5. decision on the merits of the appeal. (Para 15 , 19) |
| 6. findings on the informant's credibility and nature of injuries. (Para 16 , 17 , 18) |
| 7. final judgment dismissing the appeal. (Para 20) |
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Heard Ms. Meena Singh, learned counsel for the appellant, Mr. Prabhat Ranjan Singh, learned counsel for the Respondent Nos. 2 to 4 and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State of Bihar.
2. The present appeal has been preferred by the informant-appellant under proviso to Section 372 of the Code of Criminal Procedure (now Section 413 of the Bhartiya Nagarik Suraksha Sanhita) seeking to set aside the judgment dated 26.06.2019 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-I, Jamui (hereinafter referred to as the ‘learned Appellate Court’) in Criminal Appeal No. 53 of 2009. By the impugned judgmen
The prosecution must establish guilt beyond reasonable doubt; inconsistencies in witness testimonies can lead to acquittal.
The presumption of innocence is reinforced in cases of acquittal, and appellate courts may only overturn acquittals upon finding that guilt is proven beyond reasonable doubt.
An appellate court must maintain double presumption of innocence in acquittal cases and should not overturn unless clear errors are present in trial court's judgment.
The principles governing appeals against acquittal emphasize the presumption of innocence and the necessity for the prosecution to prove guilt beyond a reasonable doubt, with the appellate court exer....
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