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MOHAN LAL
State of J&K – Appellant
Versus
Khurshid Ahmad Ganie – Respondent
JUDGMENT :
MOHAN LAL, J.
1. Instant Criminal Acquittal Appeal is directed by the appellant against the judgment and order dated 17.07.2013, (impugned herein) rendered by the Court of learned Principal Sessions Judge Bandipora, Kashmir (for short “trial court”) in case FIR No. 230/2010 of Police Station Bandipora for commission of offences under sections 366/511 RPC in file no. 03/S whereby respondent/accused has been acquitted of the charges leveled against him.
2. Being aggrieved of and dissatisfied with the impugned judgment dated 17.07.2013, appellant has questioned its legality, propriety and correctness and has sought its setting aside/quashment, and has appealed for the conviction of the respondent/accused on the following grounds:
(ii) that the trial court has dismissed the prosecution case in hot haste holding that the prosecution has miserably failed to prove its case beyond reasonable doubt, the judgment of the acquittal is against facts and ci
The prosecution must provide consistent and credible evidence to prove the guilt of the accused beyond a reasonable doubt; contradictions in witness testimonies can lead to acquittal.
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The prosecution must prove the charges against the accused beyond a reasonable doubt. The evidence of the prosecution witnesses must be reliable and trustworthy. The prosecution must explain any dela....
The importance of reliable and consistent evidence in proving criminal charges.
The appellate court upheld the acquittal, emphasizing the prosecution's failure to establish guilt beyond reasonable doubt due to contradictions in witness testimonies and lack of direct evidence.
The appellate court upheld the acquittal of the accused due to significant contradictions in the victim's testimony and absence of supporting medical evidence, reinforcing the presumption of innocenc....
The burden to prove the offence always rests on the prosecution, and the court may rely on the testimony of a single witness if it is wholly reliable. The quality of evidence is emphasized over quant....
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