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RATNAKER BHENGRA, AMBUJ NATH
Arvind Rajwar, son of Rambachan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. These criminal appeals are directed against the judgment of conviction dated 16.05.2018 and order of sentence dated 17.05.2018 passed by the learned Additional Judicial Commissioner VII-cum-FTC (CAW), Ranchi in Sessions Trial No. 699 of 2016 and Sessions Trial No. 163 of 2017 (TR No. 08 of 2017), arising out of Namkum PS Case No. 170 of 2016 being GR Case No. 3657 of 2016 whereby and whereunder, the appellants were convicted under section 396 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs.20,000/-each and in default of payment of fine to undergo simple imprisonment for three months.
3. The prosecution case, in brief, as per the fardbeyan dated 28.06.2016 of the informant PW-1 Pappu Yadav is that the informant is a driver of truck bearing no. BR-27E-2791 and wheat grain worth Rs.3-3.5 lacs was loaded in his truck. Informant further stated that when his truck was crossing Jam Chuan, another truck, on which N.N.T.C was written, overtook his truck and forcibly stopped his truck. Thereafter, altogether eight persons came down from the aforesaid truck and captured the informant and his cleaners Sonu Kuma
The court acquitted the appellants due to doubts in identification and failure to recover stolen property, emphasizing the prosecution's burden of proof.
The evidence of identification before the court is substantive, while the evidence of the identification parade is weak and only has corroborative value. The prosecution must prove that the accused w....
Proper identification procedures, such as Test Identification Parade, and the examination of key witnesses are essential to establish charges beyond reasonable doubt.
Identification parade compromised by prior exposure to witnesses renders conviction invalid.
The court clarified that identification procedures must meet strict standards to ensure reliability; failure to do so results in acquittal due to reasonable doubt.
In criminal trials, the prosecution must prove guilt beyond reasonable doubt; delays in Test Identification Parades do not automatically invalidate witness identifications if proper safeguards are ma....
When no TIP was conducted first version of complainant reflected in FIR would play an important role.
The judgment emphasizes the importance of legal proof beyond all shadow of doubt in a criminal trial and highlights that suspicion or claim of identification alone is not sufficient for conviction.
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