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SURESHWAR THAKUR, KULDEEP TIWARI
Guddu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J.
The instant appeal is directed against the verdict drawn on 16.02.2018, upon Sessions Case No.180, instituted on 07.10.2016, by the learned Additional Sessions Judge-cum-Special Court for the cases of heinous crime against Women, Faridabad, where through, in respect of charges drawn for offences punishable under Section 302 of IPC, and, and under Section 6 of the PREVENTION OF CHILDREN FROM SEXUAL OFFENCES ACT , he recorded a verdict of conviction against the convict. Moreover, through a separate sentencing order drawn on 19.02.2018, the learned trial Judge concerned, imposed, upon, the convict both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner.
| Offence under which convict has been sentenced | Period of imprisonment | Amount of fine imposed | Imprisonment in default of payment of fine |
| 302 IPC | Life imprisonment | 10,000/- | Rigorous imprisonment for three months |
| 6 POCSO Act | Life imprisonment | 10,000/- | Rigorous imprisonment for three months |
2. All the above sentence(s) of imprisonment were directed to run concurrently, but the period spent in prison by the convict during investigati
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
The right to self-defense is limited by the necessity of proportionality and cannot be claimed when the defender has superior numbers and uses lethal force.
The burden of proof lies with the prosecution to establish guilt beyond reasonable doubt, requiring all circumstantial evidence to exclude reasonable hypotheses of innocence.
Conviction based on eyewitness testimony was quashed due to significant investigative failures, including lack of weapon recovery and forensic analysis, undermining the prosecution's case.
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