IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Gurmeet Singh @ Meeta – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 11.4.2014, passed by learned Sessions Judge, Sirmour District at Nahan, (learned Appellate Court) vide which the judgment of conviction dated 21.2.2013 and order of sentence dated 25.2.2013, passed by learned Chief Judicial Magistrate, Sirmour District at Nahan (learned Trial Court), were upheld. (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 revision are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 353, 332 and 290 of the Indian Penal Code (IPC). It was asserted that the informant HHC Pradeep Kumar (PW6), Constable Jagat Singh (PW9), HHG Balak Ram (PW2) and HHG Mohan Singh (not examined) were on a patrolling duty on 22.1.2008. They reached near the shop of Kulveer Singh (PW5) located in Mohalla Govindgarh, at about 6.30 PM. Gurmeet Singh (accused) and another person were consuming liquor outside the shop. Pradeep Kumar (PW6) advised the accused not to cons
A conviction under an offence cannot be sustained without a specific charge, and minor discrepancies in witness testimonies do not invalidate the prosecution's case.
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The court affirmed that driving under the influence of alcohol constitutes negligence under the Motor Vehicles Act, supporting conviction despite minor discrepancies in witness statements.
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