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RATNAKER BHENGRA
Devi Sharan Sharma, S/o Vijay Kr. Sharma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Sadish Ujwal Beck, the learned Amicus Curiae as well as Mr. Sardhu Mahto, the learned APP.
2. The present criminal appeal has been preferred by the appellant against the judgment of conviction dated 10.03.2010 and the order of sentence dated 11.03.2010 passed by the learned Additional Sessions Judge, FTC-VI Jamshedpur, East Singhbhum in Sessions Case No. 65/2007, whereby and whereunder, the appellant was convicted under sections 363 and 419 of the Indian Penal Code and sentenced to undergo RI for two years with a fine of Rs. 5000/-under section 363 of IPC and sentenced to undergo RI for two years under section 419 of IPC. In default of payment of fine appellant was further sentenced to undergo six months and both the sentences were ordered to run concurrently.
3. The case of the prosecution, in brief, as per the fardbeyan dated 29.11.05 of the informant Krishna Giri (PW-2) aged about 15 years is 8th that informant is a student of class in Rajasthan Vidya Mandir, Aambegan and his father is an electrician. Informant had come to Sakchi bazaar and at about 6:30 p.m. in the evening, he was standing near the Eye Hospital, Sakchi, waiting for tempo to go home. There a Ma
The central legal point established in the judgment is the requirement to prove charges beyond reasonable doubt, the importance of consistent and reliable witness testimony, and the necessity to foll....
The prosecution must substantiate charges with consistent, reliable evidence; failure to do so results in acquittal.
Prosecution must establish guilt beyond reasonable doubt; contradictions in testimonies undermine the case.
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
The main legal point established in the judgment is the requirement for the prosecution to provide convincing and reliable evidence to prove the charges beyond all reasonable doubts.
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
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