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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Suresh Kumar Chauhan S/o Late Lalbahadur Singh Chauhan – Appellant
Versus
State of Chhattisgarh Through State Economic Offence Investigation Bureau – Respondent
| Table of Content |
|---|
| 1. multiple appeals arising from the same fir. (Para 1 , 2) |
| 2. allegations of substandard materials purchased causing loss. (Para 3 , 4) |
| 3. appellants argue against conviction based on lack of evidence. (Para 5) |
| 4. defense arguments regarding insufficiency of prosecution evidence. (Para 6 , 7 , 8 , 9) |
| 5. state's opposition highlighting the trial court's considerations. (Para 10) |
| 6. court's analysis focuses on evidence and prosecution failure. (Para 11 , 12 , 14) |
| 7. importance of credible evidence for prosecution claims. (Para 13 , 15 , 16 , 22) |
| 8. witness testimonies highlighting failures of prosecution's case. (Para 17 , 18 , 19 , 21) |
| 9. requirement for proving elements of fraud and deceit. (Para 23) |
| 10. defining elements of cheating under ipc. (Para 24 , 25 , 26) |
| 11. burden of proof on prosecution and benefit of the doubt for defendants. (Para 28 , 29) |
| 12. final acquittal of appellants on grounds of insufficient proof. (Para 30) |
JUDGMENT :
Narendra Kumar Vyas, J.
1. Since all the Criminal Appeals and Acquittal Appeal are arising out of same FIR and same judgment, therefore, they are heard analogously and are being disposed of by this common judgment.
2. The criminal appeals have
The prosecution must establish beyond a reasonable doubt the elements of cheating and conspiracy, including dishonest intent and the specific role of accused in the alleged fraud.
To establish an offence under Section 420 IPC, fraudulent intent must be shown; mere verification of a false affidavit without intent does not constitute cheating.
The judgment emphasizes the need for establishing criminal conspiracy beyond reasonable doubt and the requirement of dishonest intention for the offense of cheating under Section 420 IPC.
(1) It is not the law that where there is any infirmity or lacuna in prosecution case, same could be cured or supplied by a false defence or a plea which is not accepted by a Court. Supposition, surm....
Insufficient evidence of misconduct or conspiracy led to the acquittal of public servants in a procurement corruption case.
The Court may quash criminal proceedings under inherent powers if they constitute an abuse of process, but cannot assess evidence prematurely.
Delayed justice is a form of denial of justice, and discipline, cooperation, and thorough preparation are necessary for timely disposal of criminal appeals. Additionally, no sanction is necessary for....
In cases of criminal conspiracy, better evidence than acts and statements of co-conspirators is hardly ever available.
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