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RAMESH SINHA, RAJANI DUBEY
Kuldeep Sahu son of Deenmani Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, Chief Justice
1. Since the aforesaid two criminal appeals have been filed against the impugned judgment dated 4.7.2023 passed by the First Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Case No.03/2019, they were clubbed & heard together and are being disposed of by this common judgment.
2. Appellant-Kuldeep Sahu has preferred Criminal Appeal No.1492/2023 under Section 374(2) of the CrPC questioning the impugned judgment dated 4.7.2023 passed by the First Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Case No.03/2019, by which he has been convicted for offence under Sections 302/34 and 450 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one year and RI for three years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for two months.
3. Appellant-Sakshi @ Chandni Domar has preferred Criminal Appeal No.165/2024 under Section 374(2) of the CrPC questioning the impugned judgment dated 4.7.2023 passed by the First Additional Sessions Judge, Sakti, District Janjgir- Champa in Sessions Case No.03/2019, by which
The reliability and trustworthiness of a child witness's testimony, as well as the sufficiency of evidence, are crucial in establishing guilt in criminal cases.
The competency and reliability of child witnesses, as well as the careful evaluation of their testimony, are crucial in cases where their evidence forms a significant part of the prosecution's case.
The burden of proof under Section 106 of the Evidence Act lies with the accused to provide a convincing explanation for circumstances within their knowledge, and the court may draw an adverse inferen....
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 court established that the reliability of child witnesses must be carefully evaluated, and a conviction cannot be sustained on their testimony alone without corroborative evidence, especially whe....
Advocates appeared :For the Appellant : S. S. Gautam, Deependra Singh Raghuvanshi For the Respondent : R. K. Awasthi
The presumption of innocence remains until proven guilty, and an acquittal should not be disturbed without compelling reasons.
The prosecution must establish fundamental facts to raise presumption under Section 113-A of the Evidence Act, and evidence of cruelty and harassment must be satisfactory to prove guilt beyond reason....
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