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SUDHIR SINGH, JASJIT SINGH BEDI
State of Haryana – Appellant
Versus
Sachin – Respondent
JUDGMENT :
Mr. Jasjit Singh Bedi, J.:- The present application under Section 378(3) of Cr.P.C. has been filed for grant of leave to appeal against the judgment of acquittal dated 11.03.2019 passed by the Additional Sessions Judge, Fatehabad.
2. The instant FIR came to be registered on 24.01.2015. The accused came to be acquitted vide judgment dated 11.03.2019. The present application for grant of leave to appeal is dated 24.07.2019. The matter has come up for final hearing now after more than 09 years of the registration of the FIR.
3. In brief, the case of the prosecution is that on 24.1.2015, SI Karam Singh alongwith other police officials was present at Killa Mohalla, Tohana for crime checking and patrolling duty. Then E/ASI Baldev Singh met them near Balmiki Mandir and when they were going in a street towards Killa Mohalla for patrolling and crime checking duty, then one person having a plastic bag in his right hand, was seen coming out of a house, who on seeing the police party, turned back and started entering into the house. On suspicion, he was apprehended by the said SI with the help of other police officials and on interrogation, he disclosed his name as Sachin son of Naresh
The prosecution must establish its case beyond reasonable doubt; discrepancies and lack of independent witnesses can lead to acquittal.
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
The prosecution must prove its case beyond a reasonable doubt, and the absence of key witness testimony undermines the credibility of the prosecution's narrative.
Prosecution must establish its case beyond reasonable doubt, especially in narcotics cases, where procedural integrity is critical for securing a conviction.
Compliance with legal procedures, admissibility of evidence, and scrutiny of police witnesses' testimonies are crucial in determining the outcome of a case.
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
Strict adherence to statutory provisions under the NDPS Act is essential for validity of evidence; non-compliance undermines the prosecution's case.
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