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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KAUSHIK GOSWAMI
Tapan Deb S/o Late Gopal Deb – Appellant
Versus
Sandhya Chaudhury W/o Late Sunil Chaudhury – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Ms. S. Mushahary, learned counsel appearing for the petitioner. Also heard Mr. P.P. Dutta, learned counsel appearing for the respondent No. 1 and Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State respondent.
2. The present criminal revision petition is filed under Section 397 & 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) challenging the judgment & order dated 10.11.2014 passed by the learned Court of Addl. Sessions Judge (FTC), Dibrugarh (hereinafter referred to as the “appellate court”), in Criminal Appeal No. 7 (1) of 2014, affirming the conviction of the accused/petitioner passed by the learned Court of Chief Judicial Magistrate, Dibrugarh (hereinafter referred to as the “trial court”), in G.R. Case No. 1220/09, under Section 448 /325 of the Indian Penal Code, 1860 (hereinafter referred to as the “ IPC ”), whereby the accused/petitioner was sentenced to undergo simple imprisonment for 1 (one) month for commission of offence u/s 448 of the and simple imprisonment for 6 (six) months and a fine of Rs. 500/- in default simple imprisonment for 10 (ten)
The Court upheld the conviction and sentence under IPC Sections 448 and 325, affirming the sufficiency of evidence while reiterating the limits of revisional jurisdiction to prevent reappraisal of fa....
Prosecution must prove its case beyond reasonable doubt, and prior enmity does not inherently ensure evidence reliability.
The main legal point established in the judgment is the reliance on consistent and trustworthy evidence, along with circumstantial support, to establish the guilt of the accused under the relevant se....
The main legal point established in the judgment is the court's reliance on witness testimonies, consideration of defense evidence, and rejection of the plea of false implication in upholding the con....
Credible evidence of injured witnesses combined with medical corroboration can sustain a conviction despite inconsistencies in defense claims.
The non-recovery of the weapon of offence does not necessarily affect the prosecution case if there is ample unimpeachable ocular evidence and corroboration from medical evidence.
The court upheld the conviction under Section 325 IPC, affirming the findings of trial and appellate courts due to corroborative testimony and medical evidence, with limited grounds for revisional in....
The sufficiency of the complainant's testimony in proving the prosecution case, the impact of minor discrepancies in witness testimonies, and the importance of the quality of evidence over quantity.
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