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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Haresh Yadav, S/o. Late Naga Yadav – Appellant
Versus
State of Bihar Bihar – Respondent
| Table of Content |
|---|
| 1. conviction based on the incident of armed intrusion. (Para 2 , 3 , 4) |
| 2. requirement of clear evidence for prosecution. (Para 11 , 12) |
| 3. identification must be substantiated by witnesses and forensic evidence. (Para 20 , 21 , 30) |
| 4. prosecution must prove beyond a reasonable doubt. (Para 36 , 37) |
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JUDGMENT :
ALOK KUMAR PANDEY, J.
Heard the parties.
2. The present appeal has been directed against the judgment of conviction dated 29.03.2023 and order of sentence dated 05.04.2023 passed by learned Additional District and Session Judge-I cum Special Judge SC/ST (P.O.A) Act, Buxar, in SC/ST case no. 173/2021, arising out of Brahmpur (Krishna Brahm) P.S. case no. 84/2003 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 324, 307, 452 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(xi) of SC/ST (P.O.A) Act and has been sentenced to undergo seven years imprisonment alongwith fine of Rs. 25,000/- (Twenty five Thousand) under Section 307 of I.P.C. and in default of payment of fine, appellant will have to suffer additional imprisonment for six months. Appellant has further been sentenced to undergo two years i
The prosecution must establish the identity of the accused beyond reasonable doubt; weak witness identification leads to acquittal.
Hurt, attempt to murder and house trespass – Dock identification has no meaning at all where Investigating Officer has not been examined and TIP is not available on record – Dock identification by fe....
Conviction for dacoity was overturned due to significant evidentiary inconsistencies, including lack of reliable identification and failure to examine critical witnesses.
Failure of prosecution to prove charge beyond reasonable doubt due to inordinate delay in FIR and weak identification evidence.
The court clarified that identification procedures must meet strict standards to ensure reliability; failure to do so results in acquittal due to reasonable doubt.
The central legal point established in the judgment is the requirement for proper identification in court and the need for reliable and untampered evidence in criminal cases.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
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