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2020 Supreme(Jhk) 952

ANUBHA RAWAT CHOUDHARY
Sudhir Sinku, Son of Vikram Sinku – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anjani Kumar, Advocate
For the Respondent: Mr. Shekhar Sinha, A.P.P.

Judgement Key Points

What is the standard of proof required in a robbery case when seized articles are not produced and seizure witnesses are hostile?

What is the legal impact of non-production of seized articles on the validity of a conviction under Sections 392/411 IPC?

What are the circumstances under which a revisional court may uphold a conviction despite non-production of case property and hostile seizure witnesses?


JUDGMENT :

1. Heard Mr. Anjani Kumar, the learned counsel appearing on behalf of the petitioners.

2. Heard Mr. Shekhar Sinha, the learned A.P.P. appearing on behalf of the Opposite Party-State.

3. This criminal revision petition has been filed by the petitioners against the judgment dated 27.08.2014 passed by the learned Sessions Judge, West Singhbhum at Chaibasa in Criminal Appeal No. 78 of 2014 whereby and whereunder the appeal was dismissed.

4. The criminal appeal was preferred before the appellate court against the Judgment of conviction and the order of sentence dated 15.07.2014 passed by the learned S.D.J.M., Sadar, Chaibasa in G.R. case No.601 of 2012/ T.R. Case No. 183/2014 (arising out of Hatgamharia P.S. Case No.35/2012 dated 19.12.2012) whereby and whereunder the petitioners were held guilty for commission of the offence of robbery under Section 392 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and recovery of stolen/robbed articles under Section 411 of the Indian Penal Code and were convicted accordingly.

5. On the point of sentence, the learned trial court observed that since both the petitioners have been found guilty under Section 392 and 411 of the Indian P

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