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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Ramesh Singh S/O Late Harsing Narayan Singh – Appellant
Versus
State of Bihar Bihar – Respondent
| Table of Content |
|---|
| 1. typographical error doesn't affect conviction. (Para 1 , 2) |
| 2. judgment protects victim's identity. (Para 3 , 4) |
| 3. prosecution established case via fir & witness statements. (Para 5 , 6 , 10) |
| 4. defendant's defense emphasized inconsistencies and lack of evidence. (Para 11 , 12 , 13) |
| 5. prosecution witnesses' testimonies revealed inconsistencies. (Para 18 , 19 , 22 , 23) |
| 6. non-examination of investigating officer caused prejudice. (Para 25 , 26) |
| 7. prosecution failed to prove intent for section 354 ipc. (Para 29 , 30) |
| 8. inconsistency voided prosecution under multiple charges. (Para 32 , 33) |
| 9. conviction overturned due to insufficient evidence. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
It is necessary to highlight certain correction required which has not been made at an earlier stage and the office has not taken pain at the time of admission to correct it and they have not made objection on the same point and during the course of dictation, it came to fore that in the impugned judgment of conviction, “Bajpatti P.S. Case No. 18 of 2002” has wrongly been mentioned as “Bajpatti P.S. Case No. 8 of 2002”. From the perusal of all the record, it is found that everywhere Bajpatti P.S
The prosecution failed to prove the appellant's guilt beyond a reasonable doubt due to contradictions in witness testimonies and absence of corroborating evidence.
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 beyond a reasonable doubt due to unreliable witness testimonies and procedural errors, resulting in the acquittal of the appellants.
The prosecution must prove the elements of 'criminal force' or 'assault' to sustain a conviction under Section 354 IPC, which was not established in this case.
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.
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
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....
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
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