SAWARNA KANTA SHARMA
Krishna Kant – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') arises out of the impugned judgment dated 21.03.2009 and order on sentence dated 24.03.2009 passed by learned Additional Sessions Judge, Fast Track Court, Central, Delhi (`Trial Court') whereby the appellant was convicted in case FIR bearing number 590/1998 under Sections 328/379/411 of Indian Penal Code, 1860, (`IPC') registered at Police Station I.P. Estate.
2. To summarise briefly the facts of the case, the present FIR was lodged on 11.11.1998, on the complaint of one Sh. Tek Chand who was driver by profession. The complainant had stated that his car was hired by the accused from Ballabhgarh to Delhi on 07.11.1998, and they had reached I.T.O, Delhi at about 1:00 pm. Upon reaching there, the accused had told the complainant to stop the car near a rehri and he had allegedly administered certain stupefying drug to the complainant by mixing the same in juice and had told the complainant to take the car behind Hans Bhawan by the side of a Hotel/Dhaba. The complainant stated that thereafter, he had lost consciousness and had regained consciousness only at ab
Conviction under Section 328 of the IPC requires corroborative medical evidence; mere oral testimony is insufficient.
The prosecution failed to prove beyond reasonable doubt that the appellant administered a stupefying substance with intent to cause injury, leading to the acquittal.
For an offence under Section 328 IPC, forensic evidence is essential for determining the nature of substances administered to the victim, and a trial court must review all relevant evidence, includin....
The main legal point established in the judgment is the requirement for the prosecution to prove the charges beyond reasonable doubt, including the need for concrete evidence and consistency in the c....
The court affirmed conviction under Sections 448 and 323 of IPC, citing insufficient evidence for rape charge under Section 376, emphasizing the need for corroborative evidence.
Procedure under Section 313 Cr.P.C. is but a facet of principles of natural justice giving an opportunity to an accused to present defence. The burden of proof on an accused in support of defence tak....
Acquittal under Sections 279, 337, 304-A IPC upheld for unproven accused identity, eyewitness contradictions, absent rash driving proof, non-examined key witnesses, and victims' alcohol influence ind....
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