Back
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State – Appellant
Versus
Afroz @ Sharib – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The above captioned first appeal being Crl.A.273/2014 has been filed by the appellant-State under Section 378 (1) of Cr.P.C. against the impugned judgment and order dated 13.07.2012 passed by learned Court of Sessions in FIR No.310/2009, for the offences punishable under Sections 324/326/307/34 IPC, registered at Police Station Jamia Nagar, Delhi.
2. Vide above captioned second appeal being Crl.A.251/2019, the appellants-victims have also challenged the impugned judgment and order dated 13.07.2012 passed by learned Court of Sessions in the afore-noted FIR No.310/2009.
3. The facts, as enumerated in these appeals are, that on 14.10.2009 while victim/appellant No.1 along with her sister victim/appellant No.2 was returning home on a rickshaw from the Beauty Parlour where they worked, situated at Shop No.16, Gali No.8 at Gaffar Manzil, and as their rickshaw reached near Akhtar Manzil, they saw two persons sitting on blue coloured motorcycle. One of them, was aged about 30-35 years and was wearing white coloured shirt, blue jeans, Himesh Reshammiya type cap and the other person sitting on the pillion seat, was aged about 40 years and was wearing a helmet. A
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in victim testimonies can lead to acquittal in serious crimes.
A conviction for an acid attack was overturned due to lack of credible evidence linking the accused, highlighting the necessity of substantial proof in sensitive cases involving caste dynamics.
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
Prosecution must prove guilt beyond reasonable doubt; circumstantial evidence can support claims in absence of direct identification.
Acid attack conviction under IPC §§304, 326A upheld on eyewitness testimony despite FIR delay and minor discrepancies; life sentence reduced to 14 years fixed term balancing retribution, time served,....
The main legal point established in the judgment is the reliance on convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid....
Acid attack – Acid attacks not only cause damage to physical appearance of its victims but also cause immense psychological trauma – Delay in filing FIR alone cannot refute entire prosecution story.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
