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SWARANA KANTA SHARMA
Sanjeev Kumar – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to conviction under ipc provisions. (Para 1 , 2) |
| 2. prosecution's account of abduction and assault. (Para 3 , 4) |
| 3. defense's argument on evidentiary discrepancies. (Para 8 , 10) |
| 4. considerations for credibility of victim's testimony. (Para 12 , 14 , 30) |
| 5. assessment of evidence and burden of proof. (Para 18 , 19 , 65) |
| 6. court's notes on due process and trial sensitivity. (Para 38 , 39 , 41 , 66) |
| 7. outcome of appeal and cancellation of conviction. (Para 67) |
JUDGMENT
Swarana Kanta Sharma, J.
1. The present appeal has been filed by appellant under Section 374 of the Code of Criminal Procedure, 1973 ('Cr.P.C') challenging the impugned judgment dated 22.09.2010 and order on sentence dated 25.09.2010 passed by learned Additional Sessions Judge (North West- 04), Rohini, Delhi in case FIR bearing no. 85/2008 whereby learned Additional Sessions Judge has convicted both the accused persons for committing offences punishable under Section 363/365/34 of the Indian Penal Code, 1860 ('IPC').They were also convicted for committing offence punishable under Section 376 of IPC.
2. At the outset, it is pertinent to note that State had preferred an appeal i.e. Crl. A. 1067
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