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RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Jahangir Mallick @ Vekel @ Subho – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. incident of stabbing (Para 1 , 3) |
| 2. details of the argument (Para 2) |
| 3. witness accounts (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. defense arguments on child witness (Para 26 , 27 , 28 , 29) |
| 5. credibility of child witness (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56) |
| 6. conviction upheld (Para 57 , 58 , 59 , 60 , 61) |
JUDGMENT :
RAJASEKHAR MANTHA, J.
1. The present criminal appeal arises out of a judgment of conviction dated 28th November, 2016 and sentence dated 30th November, 2016 passed by the learned Additional Sessions Judge-cum-Judge, Special Court, Chinsurah, Hooghly in Sessions Trial No. 02(09) of 2015 arising out of Sessions Case No. 98 of 2015 wherein the appellant was convicted under Section 302 of the Indian Penal Code for life.
2. The prosecution case is that on 15th March, 2015 at about 8:00 P.M. the appellant came to the house of his mother-in-law, the victim (Bharati Mondal). An argument ensued between them as regards custody of the minor daughter of appellant who was residing with the victim.
The court affirmed that child witness testimony, when corroborated by adult witnesses, can be sufficient for conviction in murder cases, emphasizing careful scrutiny of such evidence.
The conviction for murder was upheld based on eyewitness accounts and circumstantial evidence linking the appellants to the crime, affirming that minor inconsistencies in evidence do not undermine th....
Murder - Testimony of sole child witness - There is no age limit fixed for a person to be a competent witness. A child of tender age can also be a competent witness.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
The prosecution failed to establish the accused's guilt beyond reasonable doubt, leading to the reversal of the death penalty.
The main legal point established in the judgment is the requirement for complete and conclusive circumstantial evidence to convict an accused, as well as the need for the circumstances to lead to onl....
Conviction under Section 302 RPC unsustainable on uncorroborated child witness testimony with material contradictions, hostile key witnesses, doubtful weapon recovery, and unproved motive, entitling ....
A conviction in a murder case cannot be sustained on unreliable eyewitness testimony, and the prosecution must establish guilt beyond a reasonable doubt.
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