IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJNEESH KUMAR GUPTA
Shekhar Pathak – Appellant
Versus
State – Respondent
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| 1. the basis of the prosecution's case and the events leading to charges. (Para 1) |
JUDGMENT :
RAJNEESH KUMAR GUPTA, J.
1. The present Appeal is filed by the Appellants under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) against the judgment dated 27th February, 2003 (hereinafter referred to as the “impugned judgment”) and against the Order-on- Sentence dated 9th April, 2003 (hereinafter referred to as the “impugned Order on Sentence”) passed by the court of Additional Sessions Judge, Patiala House Courts, New Delhi (hereinafter referred to as the “Trial Court”) in Session Case bearing No. SC No. 665/1996 arising out of FIR bearing No. 215/1991 registered at Police Station Tughlak Road, Delhi. The Appellants vide the impugned judgment were held guilty for committing the offences punishable under Sections 395 /34 of the Indian Penal Code, 1860 (hereinafter referred to as the “ IPC ”). The Appellants vide the impugned Order on Sentence were sentenced to undergo Rigorous Imprisonment for a period of 3 years and to pay a fine of Rs.500/- each, under Section 395 IPC and in default of payment of fine, each of the convict were sent
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The judgment reinforces the principle that eyewitness identification, when corroborated by other evidence, can be sufficient for conviction in criminal cases.
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(1) Although Apex Court is bestowed with capacious powers under Article 136 of Constitution, yet, while beseeching such powers in a criminal appeal by special leave, Apex Court would by and large abs....
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