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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 :
2. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.
4. The present appeal is directed against the judgment of conviction and order of sentence dated 26.06.2010 passed by learned Additional Sessions Judge, Fast Track Court No.-III, Sitamarhi in Sessions Trial No. 298 of 2003/168 of 2005 whereby and whereunder the appellant has been convicted for the offence punishable under Section 354 of the Indian Penal Code and has been sentenced to undergo rigorou
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.
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 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.
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....
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