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IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Madhusudhan Manna – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge of conviction based on factual background. (Para 1 , 2) |
| 2. court's assessment of evidence and witness reliability. (Para 3 , 7 , 8 , 9 , 10) |
| 3. arguments regarding contradictions and prosecution's failure. (Para 4 , 5 , 6) |
| 4. legal standards for establishment of guilt in absence of evidence. (Para 17 , 18) |
| 5. judgment relies on previous ruling regarding absence of accused. (Para 19) |
| 6. final ruling to overturn conviction due to insufficient evidence. (Para 21 , 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
Prasenjit Biswas, J.
1. This instant appeal is preferred at the behest of the appellant/convict challenging the impugned judgment and order of conviction dated 18.08.1989 passed by the learned Judge, Special Court (E.C.) Act, 1955 in connection with D.E.B.G.R. Case No. 26 of 1988 finding this appellant guilty for commission of offence punishable under Sections 7(i)(a)(i) of the Essential Commodities Act (Act 10 of 1955) and sentenced him to suffer simple imprisonment for six months along with fine of Rs. 500/-, in default of payment of fine to suffer further simple imprisonment for a period of one month.
2. In short campus the story of the prosecution is that:
“On 18.06.1
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