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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Dalip Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. accused assaulted intoxicated panchayat secretary obstructing duties. (Para 1 , 2) |
| 2. lower courts convicted based on eyewitnesses and medical evidence. (Para 3 , 4 , 5 , 6 , 7) |
| 3. petitioner alleges improbability, discrepancies; state defends conviction. (Para 8 , 10 , 11) |
| 4. revisional jurisdiction limited; no re-appreciation absent perversity. (Para 12 , 13 , 14 , 15 , 17) |
| 5. eyewitness testimonies reliable despite medical alternatives. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. minor discrepancies do not discredit truthful core testimony. (Para 24 , 25 , 26) |
| 7. non-examination of witnesses permissible; quality over quantity. (Para 27 , 28 , 29 , 30 , 31) |
| 8. no unexplained fir delay considering distance. (Para 32) |
| 9. offences proved; no probation; deterrent sentence appropriate. (Para 33 , 34 , 35) |
| 10. revision dismissed; concurrent findings upheld. (Para 36 , 37 , 38) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 06.11.2015 passed by learned Additional Sessions Judge-I, Mandi, District Mandi, H.P. (learned Appellate Court) vide which the judgment of conviction dated 18.01.2014 and order of sentence dated 3.03.2014 passed by the lea
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Revisional court cannot reappraise evidence or interfere with concurrent conviction for assault on public servant absent perversity; official testimonies, medical evidence and cross-suggestions suffi....
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