IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, AMBUJ NATH
Pankaj Kumar @ Titu, S/o Sri Umesh Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Rajesh Lala, learned counsel for the appellants and Mr. Pankaj Kumar, learned P.P. for the State assisted by Mr. Yogesh Modi, learned counsel appearing for the informant.
2. This appeal is directed against the judgment and order of conviction and sentence dated 23.09.2015 (sentence passed on 28.09.2015) passed by Sri Arun Kumar Gupta-II, learned District & Additional Sessions Judge-II, Giridih in Sessions Trial No. 218/2012, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 363/34, 364/34 and 364(A)/34 of the IPC and have been sentenced to R.I. for 07 years along with a fine of Rs. 5000/- each for the offence u/s 363 of the IPC and in default in payment of fine to undergo R.I. for 03 months, R.I. for 10 years along with a fine of Rs. 5000/- each for the offence u/s 364 of the IPC and in default in payment of fine to undergo further R.I. for 03 months and R.I. for life along with a fine of Rs. 10,000/- each for the offence u/s 364(A) of the IPC and in case of default in payment of fine to undergo further R.I. for 06 months. All the sentences were directed to run concurrently.
3. The prosecution case ari
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
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