IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURYA PARTAP SINGH
Kuldeep @ Pinku – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SURYA PARTAP SINGH, J.
1. Challenge in this Revision Petition is to the judgment dated 18.05.2011 passed by learned Additional Sessions Judge Sonipat, hereinafter being referred to as ‘Appellate Court’ only. By virtue of above-mentioned judgment, the learned Appellate Court dismissed the appeal filed against the judgment of conviction dated 01.12.2010 and order of sentence dated 02.12.2010, passed by learned Chief Judicial Magistrate Sonipat, hereinafter being referred to as ‘trial Court’.
2. By virtue of above-mentioned judgment, the petitioner, who was facing a trial for the commission of offence punishable under Section-25 of Arms Act has been held guilty for the commission of above-mentioned offence, and the learned trial Court awarded following sentence to the petitioner:-
| Offence(s) under Section | Imprisonment | Fine | In default of payment of fine |
|---|---|---|---|
| 25 of Arms Act | RI for 01 year | Rs. 200/- | SI for 15 days |
3. According to learned counsel for the petitioner, the impugned judgments, passed by the learned trial Court as well as learned Appellate Court are outcome of conjectures and surmises and therefore, both of them deserve to be set aside.
4. The pith and substance of the story put up b
The prosecution must prove its case beyond a reasonable doubt; failure to adhere to legal standards and evidentiary requirements can result in acquittal.
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The prosecution must prove its case beyond reasonable doubt, and fair and impartial investigation is essential for reliable prosecution.
The prosecution's failure to prove seizure of arms and lack of valid sanction for prosecution under the Arms Act results in acquittal due to reasonable doubt.
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Conviction under the Arms Act requires independent corroboration of evidence, especially from police witnesses; the prosecution must prove guilt beyond a reasonable doubt.
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