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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
H.S.GREWAL
State Of Haryana – Appellant
Versus
Jaswinder – Respondent
H.S. Grewal, J.
Mr. Rohit Singh, Advocate has put in appearance on behalf of respondents No.1, 3 to 6 in CRA-D-426-DBA-2005 and has filed his power of attorney in the Court, which is taken on record.
2. Since there is no representation on behalf of the petitioner/complainant in CRR-879-2005, Mr. Amit Rana, Advocate (Enrolment No.P/765/2002), Mobile No.9417151117, is appointed as Amicus Curiae to assist this Court on behalf of the petitioner/complainant in CRR-879-2005.
3. This order shall dispose of CRA-D-426-DBA-2005 and CRR-879-2005 as these are arising out of the same FIR as well as against the same judgment of acquittal. For the sake of brevity, the facts are being taken from CRA-D-426-DBA-2005.
4. CRA-D-426-DBA-2005 has been preferred by the State of Haryana while CRR-879-2005 has been preferred by the eye-witness against the judgment passed by the learned Additional District and Sessions Judge, Fast Track Court, Ambala dated 09.09.2004 in case FIR No.87 dated 16.04.2001, under Sections 148 /149/379/447/384/395/506/120-B IPC , at Police Station Mullana, whereby the respondents have been acquitted of the charges levelled against them by giving them the benefit of doubt.
In a criminal trial, the prosecution must prove its case beyond reasonable doubt; if reasonable doubts arise, the accused is entitled to the benefit of doubt, leading to their acquittal.
An alleged theft is not substantiated when both parties claim joint ownership, negating the criminal aspect of the case.
A bona fide claim of right can be a good defense to a prosecution for theft.
The main legal point established in the judgment is the importance of proving lawful possession in cases of criminal trespass and theft, and the consideration of age in modifying sentences.
The presumption of innocence is reinforced by an acquittal, and the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt.
The prosecution must prove its case beyond reasonable doubt; failure to present credible evidence leads to acquittal in corruption charges.
Indian Penal Code, 1860—Sections 143 and 379—Judgement passed by lower appellate court acquitting accused persons for offence under Sections 143 and 379 of IPC and affirming order of acquittal under ....
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