IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE P.B.SURESH KUMAR, MR.JUSTICE JOBIN SEBASTIAN, JJ
Rintu @ Thoofan Pradhan – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
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| 1. witness credibility (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
JUDGMENT :
Jobin Sebastian, J.
Accused Nos. 1, 3, 4, and 5 in S.C.No.98/2019 on the file of the Additional Sessions Judge - I, Thalassery have preferred this appeal challenging the judgment of conviction and order of sentence passed against them for offences punishable under Sections 449 , 324 , 461 , 396 and 302 of the Indian Penal Code .
2. Before delving into the prosecution’s allegation, it is necessary to address the names and ranks of the accused to avoid confusion, as the ranks of the accused were rearranged by the Trial Court creating some vagueness. Altogether, five persons were arrayed as accused in this case, out of which three were juveniles in conflict with law (JCLs) and two were adults. The names of the adult accused are:-
1) Rintu @ Thoofan Pradhan and
2) Boliya Hoori
Out of which Bholiya Dhahoori was absconding from the crime stage itself.
The names of the JCLs are as follows:-
1) Ganesh Naik @ Goniya(JCL1),
2) Bappunna @ Rajesh Behra(JCL2) and
3) Chintu @ Prasanth Sethi (JCL3).
3. After completion of the investigation, the f


The court upheld the convictions for murder and robbery based on credible eyewitness testimony, while emphasizing the legal standards for juvenile trials and setting aside one conviction due to insuf....
(1) Test identification parade conducted during course of investigation cannot be used to corroborate subsequent in-court identification made by witnesses – In-court identification of accused made by....
Prosecution must adhere to proper identification procedures; failure to conduct Test Identification Parades and reliance on inadequate evidence can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt in dacoity cases, and minor discrepancies in witness testimonies do not invalidate the conviction if the overall evidence is credible.
The central legal point established in the judgment is the importance of reliable eyewitness identification, the admissibility of recovery evidence, and the obligation to disclose crucial reports in ....
In prosecutions involving serious charges, the burden lies on the prosecution to establish guilt beyond reasonable doubt, and discrepancies in evidence or lack of corroboration can lead to acquittal.
Test Identification Parade – Test identification parade is not mandatory – Test identification parade is a part of investigation – It is useful when eyewitnesses do not know accused before incident.
The principle that circumstantial evidence must form a complete chain leading to the guilt of the accused, with no reasonable doubt remaining, was emphasized, highlighting the necessity for the prose....
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