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SHAMPA DUTT (PAUL)
Madan Ray – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.) :
1. The present revision has been preferred against the judgment and order dated 12th June, 2019 passed by the Special Court cum Additional Sessions Judge, First Court, Raiganj, Uttar Dinajpur, convicting the petitioners under Sections 448/326/34 of the Indian Penal Code and Sentencing them to suffer imprisonment for two years each and to pay a fine of Rs. 2000/-for the offence under Section 326/34 of Indian Penal Code and simple imprisonment for three months each for the offence under Section 448/34 of Indian Penal Code. Both the sentences were directed to run concurrently in Criminal Appeal No. 13 of 2016. The order dated 31.03.2016 passed by the Learned Judicial Magistrate, 1st Court, Raiganj in G.R. Case No. 283 of 2007 convicting petitioners under Sections 448/326/34 of Indian Penal Code was affirmed.
2. The prosecution case as per the petition of complaint is that in the evening of 17.04.2007, the petitioner no. 1 had allegedly come to the house of the complainant Mohan Mondal during the function of “Baishnab Seba” in an intoxicated condition. Basudeb Mondal the elder brother of the complainant allegedly persuaded the petitioner no. 1 to l
The delay in filing the complaint, inconclusive medical opinion, and contradictions in witness depositions can reduce the gravity of the alleged offence and raise the possibility of false implication....
The prosecution must prove charges beyond reasonable doubt; if reasonable doubt exists, the accused is entitled to acquittal.
The prosecution must prove charges beyond reasonable doubt, and the accused are entitled to the benefit of reasonable doubt; the court found the injured witnesses' evidence credible.
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
The prosecution failed to prove the use of a dangerous weapon during the assault, thus reducing the charge from Section 324 IPC to Section 323 IPC due to inadequate corroborative evidence.
The main legal point established in the judgment is the significance of consistent witness statements and the requirement for the prosecution to explain injuries sustained by the accused.
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