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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL
Saleem S/o Ramjan Khan – Appellant
Versus
State of Rajasthan – Respondent
Judgment :
MAHENDAR KUMAR GOYAL, J.
1. These criminal appeals are directed against the judgment dated 31.03.1989 passed by the learned Additional Sessions Judge No.5, Jaipur City, Jaipur (for brevity, “learned trial Court”) in Criminal (Sessions) Case No.61/1987 whereby, while convicting the accused-appellant (for brevity, “appellant”) under Section 326 IPC, he has been sentenced as under:
“Two years and six months’ rigorous imprisonment and imprisonment”.
2. The relevant facts in brief are that on a written report dated 13.07.1987 (Ex.P2) lodged by Shri Khan Mohammed with the Police Station Manak Chowk, Jaipur, an FIR dated 13.07.1987 (Ex. P3) under Sections 307 and 324 IPC came to be registered wherein, it was alleged that in the night at about 1:00-1:30 am, some unknown person threw acid on the body of his brother-Phool Mohammed and Saleem also informed him that an unidentified person has attacked him as also Shri Phool Mohammed with acid.
3. After investigation, charge-sheet was filed against the appellant under Sections 324, 326 and 307 IPC. However, charge only under Section 307 IPC was framed. The appellant pleaded not guilty and demanded trial.
4. After trial, the learned trial C
The prosecution must prove guilt beyond reasonable doubt; eyewitness testimony must be credible and corroborated to support a conviction.
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
A conviction for an acid attack was overturned due to lack of credible evidence linking the accused, highlighting the necessity of substantial proof in sensitive cases involving caste dynamics.
The main legal point established in the judgment is the reliance on the reliability of the victim's testimony, corroboration from contemporaneous documents and medical evidence, recovery of evidence,....
Acid Attack - Eye witnesses - Admissibility of - As a consequence of fact that injuries to the witness is an inbuilt guarantee of his presence at scene of crime and because the witness would not want....
Acid attack – Acid attacks not only cause damage to physical appearance of its victims but also cause immense psychological trauma – Delay in filing FIR alone cannot refute entire prosecution story.
The main legal point established in the judgment is the reliance on convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid....
Acid attack conviction under IPC §§304, 326A upheld on eyewitness testimony despite FIR delay and minor discrepancies; life sentence reduced to 14 years fixed term balancing retribution, time served,....
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