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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
N.S.SHEKHAWAT
Rajesh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
N.S.Shekhawat, J.
This order shall dispose off two revisions, i.e., CRR-2131-2009 titled as 'Rajesh Vs. State of Haryana' and CRR-2541-2009 titled as 'Rajesh Vs. State of Haryana', whereby, the petitioners have challenged the common impugned judgment dated 05.08.2009 passed by the Court of Additional Sessions Judge, Panipat and common impugned judgment and order dated 01.10.2007 passed by the Court of Additional Chief Judicial Magistrate, Panipat, whereby, the petitioners had been convicted for the offences under Sections 379/356 of IPC and sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 200/- each under Section 356 IPC alongwith default stipulation. The petitioners had also been sentenced to undergo rigorous imprisonment for a period of one year and six months each and to pay a fine of Rs. 300/- each under Section 379 IPC alongwith default stipulation.
2. The FIR in the present case was registered on the basis of the statement made by Rajesh Kumar son of Som Nath resident of House No. 21/15, Nanak Pura, Kachcha Camp, Panipat, wherein, he alleged that he was doing a private job. At about 09.00 p.m., on 30.01.2007, he was pre
The prosecution must prove guilt beyond reasonable doubt; absence of critical evidence and inconsistencies favor acquittal.
The prosecution must establish guilt beyond reasonable doubt; lack of eyewitness testimony and procedural failures in identification necessitate acquittal.
Recovery alone is not sufficient to establish guilt in a case relying on circumstantial evidence.
The prosecution failed to establish the guilt of the accused beyond reasonable doubt due to inadequate identification procedures and lack of concrete evidence linking them to the crime.
The main legal point established is the requirement for proper identification of accused persons beyond reasonable doubt in criminal cases.
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