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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Manohar Lal S/o Shri Krishna Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. summary of facts and context surrounding the trial. (Para 1 , 2) |
| 2. prosecution assertions and evidential challenges. (Para 3 , 4 , 5) |
| 3. judicial interpretation of evidence admissibility under law. (Para 6 , 7) |
| 4. insufficient evidence leading to acquittal. (Para 8) |
| 5. concluding judgments related to legal procedural adherence. (Para 9 , 10 , 11) |
ORDER :
1. The instant criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023[To be referred as “ BNSS ”.] (corresponding to Section 374 (2) of the Code of Criminal Procedure, 1973[To be referred as “CrPC”.]) has been preferred by the appellant against the judgment dated 19.10.2024, passed by the learned Special Judge, NDPS Act Cases, District Jalore[To be referred as “Learned Judge”.], in Sessions Case No. 05/2017. By the said judgment, the appellant was convicted for the offences punishable under Sections 8/15 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985[To be referred as “NDPS Act”.], as well as Sections 279, 337, 323, and 332 of the Indian Penal Code, 1860[To be referred as “IPC”.], and Section 3 of the Prevention of Damage to Public Property Act, 1984[To be referred as “
Prosecution failed to prove the nexus between the appellant and the offenses charged, leading to acquittal.
For an accused to be convicted under drug laws, the prosecution must prove a direct link between them and the crime, relying solely on co-accused statements is insufficient evidence.
The judgment emphasizes the principles of innocence until proven guilty, the need for substantive evidence to establish guilt, and the limitations on the admissibility of disclosure statements withou....
The court established that the absence of direct evidence linking an accused to a crime, along with prolonged incarceration without trial, can justify the granting of bail under Section 439 CrPC, des....
Confessions of co-accused are inadmissible without corroboration, and circumstantial evidence alone does not establish guilt in narcotics cases.
Circumstantial evidence must be conclusive and all links in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
The central legal point established in the judgment is the need for prima facie satisfaction of the Court in support of the charge, the inadmissibility of a confession made by a co-accused, and the l....
The use of inadmissible evidence, particularly confessions made to police officers, is grounds for overturning a conviction under criminal law.
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