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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
State, Govt of NCT of Delhi – Appellant
Versus
Vinod Bhardwaj, S/o. Sh. Murli Ram Bhardwaj, C/o. Krishan Kumar Chauhan – Respondent
| Table of Content |
|---|
| 1. allegations against the respondent (Para 3 , 4 , 5 , 6 , 7 , 10) |
| 2. appeal for acquittal review and sentencing (Para 11 , 12 , 13 , 14 , 15 , 18) |
| 3. assessment of evidence regarding stupefying substance (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. charges under ipc sections 384 and 354d (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 5. conviction under sections 323/506(i) ipc (Para 42 , 43 , 44 , 45) |
| 6. conclusion of the court's judgment (Para 46 , 47 , 48 , 49) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Criminal Appeal under Section 377(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed on behalf of the State seeking setting aside of Judgment dated 03.08.2019 whereby the Respondent, Vinod Bhardwaj has been acquitted under Sections 328/354/354D/384 Indian Penal Code, 1860 (hereinafter referred to as “IPC”){though convicted under S.323 and S.506(1) IPC}.
2. Also, enhancement of sentence awarded vide Order on Sentence dated 03.08.2019 whereby the Respondent has been sentenced only to fine of Rs.1,000/- for offence punishable under Section 323 IPC and Rs.5,000/- for the offence punishable under Section 506(I
The prosecution must establish the evidence beyond reasonable doubt for conviction; any acquittal based on insufficient evidence is justifiable under law.
In appeals against acquittal, material contradictions in prosecution witnesses, doubtful presence, and failure to examine natural witnesses entitle accused to benefit of doubt where two views possibl....
(1) Conviction cannot be based solely on statements made by accused under sub-section (1) of Section 313 of Cr.P.C.(B) Gang rape – Enhancement in sentence is not justified many years after incident.
The judgment emphasizes the need for substantive evidence and highlights that suspicion cannot substitute proof. It also underscores the importance of scrutinizing circumstantial evidence in a carefu....
The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.
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