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RAJNESH OSWAL, RAJESH SEKHRI
State of J&K – Appellant
Versus
Hafizullah – Respondent
JUDGMENT :
Rajesh Sekhri, J.
This acquittal appeal has been directed against judgment dated 29.07.2011 passed by learned Additional Sessions Judge, Doda (hereafter referred to as ‘trial court’), in case titled State Vs. Hafizullah and others, in File No.04/Sessions, arising out of FIR No.19/2005, of Police Station Doda, for offences under Sections 302/307 of the Ranbir Penal Code 1989 (‘RPC’ for short) and 7/27 of Indian Arms Act (‘I.A. Act’ for short), vide which respondent No.1 has been acquitted of the charges.
2. At the very outset, it is made clear that in view of the statement made by Mr. V. Bakshi, the then Dy. AG, who had appeared on behalf appellant, the State has preferred the instant appeal against respondent No.1 only as is evident from order passed by this Court on 16.03.2012. Registry to update the cause title.
3. The case of the prosecution, shorn of irrelevant details, is that on 10.02.2005, Hoshiar Singh-Numberdar S/o Duni Chand R/o Dungru, Tehsil Doda, lodged a written report in Police Station Doda, inter alia, alleging that he received an information at Prem Nagar, that some unknown armed men had opened indiscriminate firing on Mohd. Yousaf S/o Noora R/o Shoonsh and
The central legal point established in the judgment is the requirement for the prosecution to establish guilt beyond a reasonable doubt, and the importance of credible and consistent testimonies in c....
The burden of proof rests on the prosecution to establish guilt beyond a reasonable doubt, and contradictions in eyewitness testimonies may result in acquittal.
The central legal point established in the judgment is the importance of reliable evidence and the need for a clear and consistent prosecution case to establish guilt beyond a reasonable doubt.
The prosecution must prove its case beyond a shadow of doubt and cannot rely solely on the admissions made by the accused. Thorough investigation and the establishment of crucial links in the chain o....
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