Back
MOHIT KUMAR SHAH, SHAILENDRA SINGH
Bhushan Sada – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The aforesaid appeals preferred under Section 374 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) arise out of the same judgment of conviction and order of sentence dated 10.1.2017 and 17.1.2017 respectively, hence the aforesaid appeals have been heard together and are being disposed off by the present common judgment. By the said judgment dated 10.1.2017, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Khagaria (hereinafter referred to as “the Ld. Trial Judge”) in Protection of Children from Sexual Offences Act Case No. 3 of 2016 (arising out of Morkahi P. S. Case No. 6 of 2016), the appellants have been convicted under Sections 302/34, 376(A) and 376(D)/34 of the Indian Penal Code (hereafter referred to as “the I.P.C.”) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act, 2012”). By the aforesaid order of sentence dt. 17.01.2017, the appellants have been directed to undergo rigorous imprisonment for life under Section 376 (A) of the IPC and rigorous imprisonment for life under Section 376 (D) of the IPC with fine of Rs. 25,000/- each
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
Murder – “Last seen” doctrine has limited application, where time lag between time deceased was seen last with accused and time of murder is narrow – Court should not convict an accused only on the b....
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
