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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Jamat SK – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Md. Shabbar Rashidi, J. - The Appeal is directed against the judgment of conviction and order of sentence dated July 14, 2020, passed by Learned Additional Sessions Judge, Kandi, Murshidabad in connection with Sessions Trial No. 02 (10) of 2019 arising out of Sessions Case No. 151 of 2019, convicting the appellant for the offence punishable under Section 326A of the Indian Penal Code, 1860.
2. The facts giving rise to the instant appeal in a nutshell is that on July 07, 2019 at about 6.00 pm one Mila Khatun aged about 18 years, the daughter of the de-facto complainant was cooking in her kitchen. At the relevant time, the appellant Jamat Sk. called her and threw acid on her face through the window. Upon hearing the screams of Mila Khatun, her mother Selina Bibi rushed to her and found her daughter crying. She was taken to Bharatpur Hospital with the help of local people from where she was referred to Kandi SD Hospital. Mila Khatun sustained acid burn injuries on her face and throat.
3. Over the incident, Dalim Sk. the father of the Victim Mila Khatun lodged a written complaint with Bharatpur Police Station on July 07, 2019 at 22.40 hrs. On the basis of such written complaint,
The main legal point established in the judgment is the reliance on convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid....
The main legal point established in the judgment is the reliance on testimonies, medical evidence, and the appellant's history of harassment to establish guilt and determine the appropriate sentence.
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
The main legal point established in the judgment is the reliance on the reliability of the victim's testimony, corroboration from contemporaneous documents and medical evidence, recovery of evidence,....
Prosecution must prove guilt beyond reasonable doubt; circumstantial evidence can support claims in absence of direct identification.
Acid Attack - Eye witnesses - Admissibility of - As a consequence of fact that injuries to the witness is an inbuilt guarantee of his presence at scene of crime and because the witness would not want....
The burden of proof on the accused, the requirement for the prosecution to prove its case beyond reasonable doubt, and the use of chain of circumstances to establish the offence beyond reasonable dou....
In a case resting on circumstantial evidence, the circumstances must be fully established and consistent only with the hypothesis of the guilt of the accused. Suspicion, howsoever high, cannot take t....
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