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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Girdhari Yadav, S/o. Late Budhu Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ramesh Chand Malviya, J.)
The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the Judgment of conviction and order of sentence dated 16.01.2013 passed by the learned Adhoc Additional District Judge-III, Gaya in Sessions Trial No. 262 of 2009 arising out of Barachatte P.S. Case No. 107 of 2007, instituted for an offence punishable under Sections 341 , 323 and 325 of the INDIAN PENAL CODE whereby and where under sole appellant have been sentenced to undergo simple imprisonment for nine months for offence punishable under Section 323 of the INDIAN PENAL CODE and further for imprisonment for one month for offence punishable under Section 341 of the INDIAN PENAL CODE with a direction that all sentence shall run concurrently.
2. Heard Mr. Rajesh Kumar, learned counsel for the appellant assisted by Mr. Sunil Kumar and Mr. Achyut Kumar and Mr. S. A. Ahmed, learned APP for the State.
3. The brief facts leading to the filing of the present appeal are that as per the fardbeyan of the informant, he was working in the field and his son Vikash Kumar was taking water from the house, then at about
Convictions must be grounded in reliable evidence; lack of medical and corroborative testimony undermines prosecutorial claims, thereby entitling the accused to acquittal.
The prosecution failed to establish guilt beyond reasonable doubt due to significant inconsistencies in testimonies and absence of key witnesses, leading to acquittal.
Credibility of witness testimony and the need for corroborative evidence are essential in sexual assault cases; mere hearsay and inconsistencies cannot support a conviction.
Conviction under Section 304 IPC upheld based on credible eyewitness testimony; appellant acquitted under Section 323 IPC due to lack of medical evidence.
The prosecution must prove its case beyond reasonable doubt, and failure to examine key witnesses, particularly the Investigating Officer, creates reasonable doubt that mandates acquittal.
The prosecution must prove its case beyond reasonable doubt, and failure to examine the Investigating Officer can result in significant prejudice to the accused, as demonstrated in this case.
Non-examination of the Investigating Officer and critical medical witnesses raises doubts about the prosecution's case, necessitating acquittal due to insufficient evidence beyond a reasonable doubt.
The prosecution failed to prove the appellant's guilt beyond reasonable doubt due to lack of corroborative evidence and significant inconsistencies in the victim's testimony.
Prosecution must provide reliable evidence, including original injury reports, to establish guilt beyond reasonable doubt; inconsistencies and lack of corroborating evidence may lead to acquittal.
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