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ANANDA SEN, SUBHASH CHAND
Bapi Namta @ Baapi Namta son of Sri Bimal Chandra Namta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
Today this appeal was listed for consideration of bail plea of the appellant after suspending the sentence.
2. Learned counsel appearing for the appellant argued the entire case on merits. He has taken this Court through the First Information Report, in details and also through the evidence of all the 7 (seven) witnesses and also the documents, which have been exhibited. He submits that from the evidence on record and from the materials no case under Section 364 of the Indian Penal Code is made out. He submits that the basic ingredients of Section 364 of the Indian Penal Code, i.e., “kidnapping” or “abduction” is missing in this case. Thus, even if the deceased was murdered later, the offence of Section 364 of the Indian Penal Code cannot be attracted. He submits that the instant Sessions Trial No.377 of 2012 was only under Section 364 of the Indian Penal Code and case under Section 302 has been initiated in the State of West Bengal where the body was found. On this ground, he prays for bail.
3. Learned A.P.P. for the State admits that this trial is only under Section 364 of the Indian Penal Code and the case under Section 302 of the Indian Penal Code is being
The court ruled that without evidence of force or deceitful means, the conviction under Section 364 IPC could not stand.
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
(1) Unless there are compelling circumstances or evidence placed by defence to doubt evidence of injured witness, this has to be accepted as an extremely valuable evidence in a criminal Trial.(2) Vic....
The judgment establishes the importance of witness identification, corroborating evidence, and the interpretation of legal provisions in establishing guilt and upholding convictions in criminal cases....
An accused cannot be convicted under Section 364 IPC in the absence of specific charges and reliable evidence of abduction, as both criteria are essential for establishing the offence.
The prosecution must prove charges beyond reasonable doubt; inconsistencies in witness testimonies and lack of evidence led to the quashing of the conviction.
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