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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Akshya Kumar alias Ankush – Appellant
Versus
State of HP. – Respondent
| Table of Content |
|---|
| 1. theft convictions based on recoveries from accused. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. challenges to convictions for improbability and no independents. (Para 9 , 10 , 11 , 12) |
| 3. revisional jurisdiction limited to patent errors. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. theft corroborated by site inspection and photos. (Para 20 , 21) |
| 5. related witnesses reliable if credible. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. non-examination of independents not fatal. (Para 30 , 31 , 32) |
| 7. owner identification via marks reliable. (Para 33 , 34 , 35) |
| 8. no independents needed for disclosures. (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 9. recent possession presumes guilt. (Para 42) |
| 10. sentences reasonable; revisions dismissed. (Para 43 , 44 , 45 , 46 , 47) |
JUDGMENT :
Rakesh Kainthla, J.
Present revisions have arisen out of the common trial and judgment; therefore, they are being taken up together for disposal.
2. The present revisions are directed against the judgment dated 24.1.2014, passed by learned Sessions Judge, Sirmour District at Nahan, HP (learned Appellate Court), vide which the judgment of conviction dated 7.5.2012 and order of sentence dated 11.5.2012, passed by learned Ch
Revisional jurisdiction narrowly limited; no reappreciation of evidence absent perversity in concurrent findings. Related witness testimony reliable if credible. No need for independent witnesses in ....
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
Revisional court cannot reappreciate evidence absent perversity; chain snatching without preparation for hurt/restraint is theft (s.379 IPC), not s.382; victim ID, TIP, disclosure recovery sufficient....
Revisional jurisdiction under CrPC Section 397 is limited; no re-appreciation of evidence absent perversity in concurrent conviction for assaulting public servant, causing simple hurt and damaging pu....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
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....
Injured witness testimony holds high value unless compelling doubt; related witnesses scrutinized but not rejected merely for relationship if reliable; weapon recovery admissible as accused conduct e....
Mere recovery based on disclosure statements is inadequate to establish guilt; additional evidence linking recovered items to the crime is necessary.
(1) Although Apex Court is bestowed with capacious powers under Article 136 of Constitution, yet, while beseeching such powers in a criminal appeal by special leave, Apex Court would by and large abs....
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