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MANISH CHOUDHURY, MALASRI NANDI
Budhiram Mardi, Udalguri, Assam – Appellant
Versus
State Of Assam, rep. by PP, Assam – Respondent
JUDGMENT :
(Manish Choudhury, J.) :
The instant appeal from jail is directed against a Judgment and Order dated 21.11.2019 passed by the learned Additional Sessions Judge, Udalguri in Sessions Case no. 22[DU]/2014. By the said Judgment and Order dated 21.11.2019, the accused-appellant has been convicted for the offences under Sections 302/448/143, Indian Penal Code [IPC]. For the offence under Section 302, IPC, the accused-appellant has been sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for further 6 [six] months. For the offence under Section 448, IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 1 [one] year and for the offence under Section 143, IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 6 [six] months. As per the impugned Judgment and Order dated 21.11.2019, all the sentences are to run concurrently.
2. The case of the prosecution, in brief, as has emerged from the First Information Report [FIR] [Ext.5] lodged by the informant-P.W.6 on 07.04.2010 before the Officer In-Charge, Udalguri Police Station, was that five acc
The main legal point established is the requirement for the prosecution to prove guilt beyond reasonable doubt, especially in cases based on circumstantial evidence, and the need for a complete chain....
The importance of proving guilt beyond all reasonable doubt in cases relying on circumstantial evidence.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Circumstantial evidence must form a complete and compelling chain pointing towards guilt; motive alone is insufficient for conviction without solid proof.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant doubt arising from inconsistencies in evidence must benefit the accused.
The importance of reliable and consistent evidence, the need for corroboration of the victim's testimony, and the requirement for scientific examination of evidence in cases of sexual assault.
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The main legal point established is the requirement for unblemished and fully trustworthy evidence to support a conviction based solely on the victim's testimony, and the need to establish primary fa....
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