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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Md. Farooque Hussain Khan @ Md. Farooque Hussain, son of Md. Yasin Khan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Ananda Sen, J.)
This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dated 17.06.2003 and order of sentence dated 19.06.2003 passed by Learned Sessions Judge, Hazaribag, in Sessions Trial No.215 of 2002, whereby and where under the appellant has been convicted for offence under Section 302 IPC. He was sentenced to undergo rigorous imprisonment for life under Section 302 IPC.
2. Heard learned counsel for the appellant and learned A.P.P. for the State and perused the material available on record.
3. Learned counsel representing the appellant submits that only on the basis of the sole testimony of the child witness, this appellant has been convicted. There were other witnesses in the house but they were not examined which caused great prejudice to the appellant. The appellant admittedly was not present in his house. The appellant in fact was a School Teacher who was serving at a distant place, and when he was returning after hearing the information about death of his wife, he was arrested. This aforesaid fact was narrated by this appellant while recording his statement under Section 313 Cr.P.C., but the Trial Court has
The testimony of a child witness can suffice for conviction if credible and corroborated, while the burden of proof lies on the accused to establish an alibi.
The burden of proof under Section 106 of the Indian Evidence Act shifts to the accused if the prosecution establishes the facts from which a reasonable inference can be drawn regarding the existence ....
The conviction based solely on a child's testimony is insufficient if discrepancies undermine its reliability, necessitating corroborative evidence.
(1) Child witness – Evidence of a child witness for all purposes is deemed to be on same footing as any other witness as long child is found to be competent to testify.(2) Murder of wife and disappea....
The main legal point established in the judgment is the requirement for corroboration and reliability of witness testimonies, especially in cases relying on dying declarations and child witnesses.
The main legal point established in the judgment is the requirement for complete and conclusive circumstantial evidence to prove guilt beyond reasonable doubt, as emphasized by legal principles from ....
The prosecution failed to establish the guilt of the respondents for murder and cruelty, lacking compelling evidence and relying on questionable testimonies.
(1) Plea of alibi requires corroborative evidence.(2) Appeal by Special Leave – Supreme Court cannot re-appreciate evidence for the purpose of examining whether finding of fact concurrently arrived a....
Circumstantial evidence must form a complete chain conclusively proving guilt; failure to provide plausible explanations by the accused strengthens the case for conviction.
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