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IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ, APURBA SINHA RAY
Srikanta Baskey – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. appellant's appeal process and conviction details. (Para 1) |
| 2. arguments regarding shortcomings in prosecution's evidence. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. court's scrutiny of witness credibility and procedural errors. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 16 , 17 , 19) |
| 4. principles governing proof beyond reasonable doubt. (Para 21) |
| 5. conclusion of acquittal of the appellant. (Para 22 , 23 , 24) |
JUDGMENT :
Apurba Sinha Ray, J.
1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the convict Srikanta Baskey against the judgment and order dated 09.10.2018 and 10.10.2018 respectively passed by the Learned Additional District and Sessions Judge, Fast Track Court, Court No. 2, Purulia, in Sessions Case No. 185 of 2017, Sessions Trial No.09 of 2018, arising out of GR Case No. 1192 of 2017 in connection with Puncha Police Station Case No. 36 of 2017 dated 13.08.2017 under Section 302 of the Indian Penal Code convicting the accused and sentencing him to undergo imprisonment for life and pay a fine of Rs. 1000/-, in default, to suffer imprisonment of one month, for the offence punishable under Section 302 of Indian Penal Code on th
The conviction for murder was reversed due to insufficient evidence, lack of motive, and failure to adhere to procedural protections for the accused.
The prosecution must prove guilt beyond reasonable doubt; lapses in investigation and reliance on questionable evidence necessitate acquittal.
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.
Procedure for recording the statement of the accused person so as to allow him an opportunity to explain the incriminating circumstances, if any, appearing in the evidence brought on record by the pr....
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
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