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IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ, APURBA SINHA RAY
Nuruddin Molla Alias Gula Alias Gole Molla – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
APURBA SINHA RAY, J.
1. As the above appeals arise out of the impugned judgment and conviction dated 18.04.2018 & 19.04.2018 passed by Sri Debasish Bandyopadhyay, Additional Sessions Judge, 1st Court, Alipore, South 24 Parganas in Sessions Trial No. 01(03)2012 arising out of the Sessions Case No. 10(09)2010 convicting the appellant(s) under Sections 302 /34 of the Indian Penal Code and also under Section 25 /27 of Arms Act, we propose to pass a single common judgment today which will dispose of all the appeals mentioned above, and accordingly, we pass the following judgment which will govern all the appeals, mentioned above.
2. Shorn of unnecessary details the crux of prosecution case, as is revealed, is that the defacto complainant, the sister of the lady victim, was informed by the victim's son that on the previous night the accused persons attacked their house and assaulted her mother with weapons and thereafter they took their mother to the nearby road. All the accused persons assaulted her with sharp cutting weapons. The victim's son and daughter, being afraid, took shelter in a nearby school and in the morning came to her house and informed them of the matter. The de
Convictions based on inconsistent witness testimony and insufficient evidence cannot stand; reliance on child witnesses requires careful scrutiny and corroboration.
The prosecution failed to prove the guilt of the accused beyond reasonable doubt due to reliance on uncorroborated eyewitness testimony from interested parties and lack of independent evidence.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
The prosecution must establish guilt beyond reasonable doubt; significant inconsistencies and investigative lapses led to reasonable doubt in the evidence presented.
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
(1) Supreme Court need not delve into each and every individual’s testimonies and instead only examine whether path adopted by Courts below is compromised by any manifest error.(2) Convictions on the....
Conviction can be based on a sole eyewitness if credible, but significant inconsistencies and lack of corroborative evidence can lead to acquittal.
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