IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mohan Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. trial court convicted accused under ipc 354,341,323,324; acquitted scst. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellant challenges investigation validity and evidence contradictions. (Para 7 , 9 , 10) |
| 3. ipc trial valid despite invalid scst investigation by non-gazetted officer. (Para 11 , 12 , 13 , 14 , 15) |
| 4. victim and corroborative evidence reliable despite hostility, exaggeration. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. human teeth bite not section 324 ipc dangerous weapon. (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 6. partly allow appeal; acquit under 324 ipc, uphold others. (Para 36 , 37 , 38 , 39) |
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment of conviction dated 7.12.2013 and order of sentence dated 8.12.2013 passed by the learned Special Judge, Mandi (learned Trial Court) vide which the appellant (accused before the learned Trial Court) was convicted and sentenced as under:-
| Under Section 354 of the IPC | To suffer simple imprisonment for one and a half years, pay a fine of Rs.5,000/- and in default of payment of fine, to undergo further simple imprisonment for one month. |
| Under Section 341 of IPC | To suffer |
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State of U.P. v. Mohd. Musheer Khan
Human teeth bite injury does not attract Section 324 IPC as teeth not 'instrument' thereunder; IPC trial valid despite invalid SC&ST investigation; hostile victim testimony usable if corroborated.
Teeth of human being cannot be considered as deadly weapon.
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