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DEEPAK GUPTA
State of Haryana – Appellant
Versus
Shubham @ Shubhi – Respondent
| Table of Content |
|---|
| 1. petition against acquittal of respondents (Para 1) |
| 2. application for delay condonation rejected (Para 3 , 4) |
| 3. detailed account of incident and arrests (Para 6 , 7 , 8) |
| 4. arguments against trial court's acquittal findings (Para 9) |
| 5. court's assessment finds no merit (Para 11) |
| 6. findings support acquittal; appeal dismissed (Para 12 , 14) |
| 7. issues with identification and evidence credibility (Para 16 , 17 , 22 , 26) |
| 8. benefit of doubt leads to acquittal (Para 33) |
JUDGMENT :
Deepak Gupta, J.
State of Haryana is in this appeal against the judgment dated 08.02.2022 passed by the Court of Learned Sessions Judge, Kurukshetra, whereby the respondents-accused have been acquitted of the charges in sessions case No.113 of 2019 [CNR No.HRKU01-005887-2019] arising out of FIR No.23 dated 23.02.2019 registered at Police Station Babain, District Kurukshetra under Sections 341 , 395, 397, 201, 120-B, 379-B IPC & Section 25 of ARMS ACT .
2. The appeal is accompanied by an application to condone the delay of 144 days.
3. It is contended that after the impugned judgment dated 08.02.2022, District Attorney Kurukshetra sent memo dated 24.02.2022 to the District Magistrate Kurukshetra with
The court established that eyewitness identifications were unreliable and the prosecution's evidence was insufficient to sustain convictions under various criminal charges.
The prosecution must establish its case beyond reasonable doubt; any gaps or inconsistencies in evidence are grounds for acquittal.
The prosecution must prove the case beyond reasonable doubt, and the absence of corroborative evidence and contradictions in witness testimonies can impact the outcome of the case.
In criminal law, a conviction requires the prosecution to prove guilt beyond reasonable doubt, and any doubts must benefit the accused.
Prosecution must establish its case beyond reasonable doubt, especially in narcotics cases, where procedural integrity is critical for securing a conviction.
Circumstantial evidence must be cogently established and form a complete chain pointing to guilt; mere suspicion cannot replace proof beyond reasonable doubt.
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