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DEEPAK ROSHAN
Dayal Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the parties.
2. The instant appeal is directed against the judgment of conviction and order of sentence, both dated 16.02.2004, passed by learned Additional District and Sessions Judge-VIII, Dhanbad corresponding to S.T. No.248 of 2002; whereby the appellants have been convicted for the offence under Section 364/34 of the IPC and sentenced to undergo R.I. for a period of Three years with a fine of Rs.2000/- each and in default of payment of fine, further to undergo S.I. for Six months.
3. The brief fact of the case is that on 03.08.2001, Bhagirath Mahato son of the informant-Gujar Mahato was kidnapped by the appellants due to reason that 10 decimals of land owned by one Bhikhu Mahato was purchased by informant son in October, 2000. The appellant No.1 was also negotiating to purchase the said land for lesser consideration. The appellants put pressure upon the son of the informant to reconvey the same or face consequences. Hence appellants along with 10 associates kidnapped Bhagirath Mahato in presence of his wife and son.
4. At the outset, learned Amicus for the appellants submits that as per counter affidavit filed by the learned counsel for the
The accused is entitled to the benefit of doubt when two possibilities are available, one favoring the prosecution and the other benefiting the accused.
The prosecution failed to prove the charges of kidnapping and rape beyond a reasonable doubt, leading to the acquittal of the appellants.
Delay in lodging FIR undermines the credibility of the prosecution's case, particularly when evidence is inconsistent and insufficient to support the charges against the accused.
Rape and murder – Judgment of conviction and sentence cannot be returned on the basis of uncorroborated testimony of informant.
The main legal point established is the reliance on consistent prosecution evidence and medical report to support the conviction under Section 324 of IPC.
The main legal point established is the requirement for the victim's testimony to inspire confidence and be trustworthy in cases of sexual assault, and the need for corroborating evidence to affirm c....
Credibility of witnesses is critical in criminal cases, and substantial contradictions in testimony can lead to dismissal of the prosecution's case.
The central legal point established in the judgment is the requirement for evidence in criminal trials to be reliable, coherent, and established beyond reasonable doubt, emphasizing the principle of ....
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