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2024 Supreme(Gau) 644

ROBIN PHUKAN
Raju Ali, S/o Late Mamtaz Ali – Appellant
Versus
State of Assam Rep. By The P. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M K Borah

Judgement Key Points

Key Points: - The court discusses that Section 3(a) requires proving unlawful and malicious causing of an explosion likely to endanger life or property, and that the prosecution must establish this; lack of direct evidence and expert opinion undermines such proof, leading to setting aside Section 3(a) conviction. (!) (!) (!) - The court affirms conviction under Section 5(a) based on possession of explosive substances under suspicious circumstances, supported by forensic evidence (Ex-A, Ex-E) and the accused’s failure to provide a plausible explanation, establishing the elements of Section 5(a). (!) (!) (!) - The burden of proof for Section 5(a) is on the prosecution to prove explosive substance, possession or control, and circumstances giving rise to reasonable suspicion of illegality; once discharged, the burden shifts to the accused to show lawful object. (!) (!) (!)

What is the standard of proof required to convict under Section 3(a) of the Explosive Substances Act?

What is the standard of proof and evidentiary burden for conviction under Section 5(a) of the Explosive Substances Act?

What evidence or (lack of) expert testimony is needed to establish involvement of explosives in an explosion under the Explosive Substances Act?


JUDGMENT :

Heard Mr. M.K. Borah, learned counsel for the appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent.

2. In this appeal, under Section 374 of the Cr.P.C. the appellant, namely, Raju Ali has challenged the correctness or otherwise of the judgment and order dated 17.01.2023, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 41(S-S)/2017, arising out of Sivasagar P.S. Case No. 120/2014, under Sections 3/4/5 of the Explosive Substances Act, 1908. It is to be noted here that vide impugned judgment and order dated 17.01.2023, the learned Sessions Judge, Sivasagar had convicted the accused/appellant under Section 3(a) of the Explosive Substances Act, 1908 and sentenced him to suffer rigorous imprisonment for 10 years and further sentenced him to pay a fine of Rs. 1000/-, in default of payment of fine, to suffer simple imprisonment for 1 month. Also he was convicted under section 5(a) of the Explosive Substances Act, 1908 and also sentenced him to suffer rigorous imprisonment for 5 years and also to pay a fine of Rs. 500/-, in default of payment of fine, to suffer simple imprisonment for 15 days.

3. The background facts, lea

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