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HIGH COURT OF HIMACHAL PRADESH
VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Neelma Devi – Respondent
| Table of Content |
|---|
| 1. background facts of the case and police action. (Para 1 , 2 , 3 , 4 , 5) |
| 2. trial court's finding of contradictions in evidence. (Para 6) |
| 3. appellant's argument against trial court’s acquittal. (Para 7 , 9 , 10) |
| 4. principles governing appellate review of acquittal. (Para 12) |
| 5. court’s observations on evidence and validity of acquittal. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. dismissal of appeal against trial court’s judgment. (Para 20 , 21) |
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 3.9.2013, passed by learned Special Judge, Kullu, H.P. (learned Trial Court), vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of an offence punishable under Section 20 o
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