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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, RAMESH CHAND MALVIYA
Paramhansh Paswan, Son of Kishun Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(RAJEEV RANJAN PRASAD, J.)
Heard learned counsel for the appellant. Learned Special P.P. for the State is not present.
2. This appeal arises out of a judgment of acquittal dated 11.08.2021 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-I-cum- Special Judge, SC/ST, Jamui (hereinafter referred to as the ‘learned trial court’) in SC/ST No. 28 of 2010 arising out of Jamui P.S. Case No. 269 of 2009, G.R. No. 1582 of 2009.
3. By the impugned judgment, the learned trial court has been pleased to record a finding that the prosecution has not been able to prove its case. According to the learned trial court, the place of occurrence, manner of occurrence or the participation of the accused persons in the alleged occurrence could not be proved beyond all reasonable doubts, therefore, the materials present on the record are insufficient to warrant a conviction.
Prosecution Case
4. The prosecution story is based on a written application submitted by one Paramhans Paswan (PW-4) to the S.H.O. of Jamui Police Station. In his written application, the informant (PW-4) has alleged as under:-
“On 12.09.2009 (Saturday) at 04:00 PM, he had parked his
Prosecution must establish its case beyond reasonable doubt; lack of independent witnesses and material inconsistencies led to acquittal.
The prosecution must prove its case beyond reasonable doubt, and discrepancies in witness testimonies and non-examination of the Investigator can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt; discrepancies in witness testimonies and lack of independent corroboration led to acquittal.
The prosecution must prove charges beyond a reasonable doubt; inadequate evidence resulted in the acquittal of the accused as intent to kill was not established.
The prosecution must prove guilt beyond reasonable doubt; acquittal upheld due to insufficient evidence against the accused.
The acquittal of accused is upheld as the prosecution failed to establish guilt beyond reasonable doubt, highlighting the principle that enmity can lead to false implication.
Prosecution must prove guilt beyond reasonable doubt; significant contradictions in witness testimony can invalidate a case leading to acquittal.
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