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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., SANJAY PRASAD, J.
Budhram Tiriya @ Lala Tiriya – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. filing of interlocutory application for suspension of sentence. (Para 1) |
| 2. arguments regarding the credibility of witness testimony. (Para 2 , 3 , 4) |
| 3. court analysis of witness testimony and forensic evidence. (Para 5 , 6 , 7 , 8 , 9) |
| 4. decision against suspension of sentence. (Para 10) |
| 5. final order and concern for the welfare of the child. (Para 11 , 12 , 13 , 14 , 15) |
ORDER :
I.A. No. 1184 of 2025
1. The instant interlocutory application has been filed on behalf of above-named appellants, under Section 430 of the BNSS , 2023 for suspension of sentence dated 30.05.2024 passed by the learned Additional Sessions Judge-II, Chaibasa in S.T. Case No. 110 of 2021 arising out of Noamundi P.S. Case No. 01 of 2021, whereby and whereunder, the appellants has been found guilty of the offence under Section 302 /34 IPC and sentenced to undergo RI for life and to pay fine of Rs. 10,000/- each and in default of payment of fine each of them has to undergo further RI for six months.
2. It has been contended on behalf of appellants that it is a case where the judgment of conviction is fully based upon the testimony of P.W. 8, who has been considered to be eye-witness to the occurre
Eye-witness testimony corroborated by forensic evidence can establish guilt beyond reasonable doubt, and minor contradictions do not undermine the credibility of such evidence.
A conviction cannot stand based solely on circumstantial evidence without direct eyewitness testimony, emphasizing the necessity for substantive proof.
Credible ocular evidence can uphold a conviction even if it contradicts medical evidence, provided it is consistent and trustworthy.
The credibility of an eye witness can be undermined by their conduct during the incident, affecting the sufficiency of evidence for conviction.
Conviction for murder upheld based on circumstantial evidence and confession, with the court emphasizing the necessity for the accused to explain circumstances surrounding the crime where the victim ....
The court emphasized the necessity of credible witness testimony for a conviction, ruling that inconsistencies in evidence justified the suspension of the appellant's sentence.
The court ruled that the appellant failed to establish a prima facie case for suspension of sentence, as the victim's testimony was corroborated by medical evidence.
The court affirmed that credible eyewitness testimony and corroborative medical evidence are essential for upholding convictions under serious offenses.
The court affirmed the conviction under the POCSO Act, ruling that the trial court properly assessed the competency of the child witness, whose consistent testimony supported the prosecution's case.
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
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