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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Shering Dorje – Respondent
| Table of Content |
|---|
| 1. prosecution alleges charas recovery from accused; trial court acquitted. (Para 1 , 2 , 3 , 4) |
| 2. state contests acquittal; defense upholds trial judgment. (Para 5 , 6) |
| 3. appellate interference with acquittal only if perverse. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. prosecution relies on pw-4 and pw-9 testimonies. (Para 13 , 14) |
| 5. police testimony trustworthy if reliable despite no independents. (Para 15 , 16 , 17 , 18 , 19) |
| 6. witness contradictions and non-joined independents fatal. (Para 20 , 21 , 22 , 23 , 24) |
| 7. case property chain discrepancies allow tampering doubt. (Para 25 , 26 , 27) |
| 8. prosecution fails beyond reasonable doubt; appeal dismissed. (Para 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
Sushil Kukreja, Judge
The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against judgment, dated 17.08.2015, passed by learned Special Judge-I, Kullu, District Kullu, H.P., in Sessions Trial No. 41 of 2014, whereby, the accused-Shering Dorje (respondent herein) was acquitted for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (for short ‘NDPS Act’).
2. The facts giving rise to the p
In NDPS acquittal appeals, courts interfere only if perverse; discrepancies in police evidence, non-association of available independent witnesses, seal issues, and custody gaps justify upholding acq....
Appellate courts should not interfere with acquittal if trial court's view possible despite contradictions in police evidence and hostile independent witness, as suspicion cannot replace proof beyond....
Appellate courts uphold trial court acquittals in NDPS cases unless perverse; material contradictions in police testimonies, sealing discrepancies, and non-association of available independent witnes....
Appellate courts should not interfere with acquittal in NDPS cases if trial court's view reasonable, absent perversity; material contradictions in police testimonies and non-association of independen....
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn them, especially in cases of acquittal.
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
The acquittal of an accused cannot be overturned unless compelling evidence beyond reasonable doubt is provided, emphasizing the presumption of innocence and the credibility of witness testimonies.
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
In appeals against acquittal under NDPS Act, interference justified only if trial court's view perverse or based on misreading evidence; material contradictions in recovery witnesses and lack of inde....
The appellate court affirmed that a trial court's acquittal may not be disturbed unless it is found to suffer from patent perversity or misreading of evidence.
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