2007 Supreme(All) 2222

[2007(9) ADJ 69 (NOC)(DB)]
ALLAHABAD HIGH COURT
BEFORE : K.S. RAKHRA AND VINOD PRASAD, JJ.
MAHEY ALAM @ MOHD. ALAM @ RAJU .....Appellant (In Jail)
Versus
STATE OF U.P. ...........Opposite Party
(Criminal Appeal No. 1412 of 2007 and Capital Reference No. 7 of 2007,
decided on 23rd August, 2007)

Headnote:(A) (Indian) Penal Code, 1860—Section 302—Arms Act, 1959—Section 4/25—Criminal Procedure Code, 1973—Sections 374(2) and 366—Murder—Death penalty—Reference of—Appellant developed a lustful desire to establish casual relations with her—Presence of child witness in room in question not doubtful—Action of first informant in making specific allegation against appellant is also very strong to establish culpability of appellant—Sole testimony of child witness was sufficient to hold appellant guilty—No previous enmity—Testimony of eye-witness is corroborated by medical evidence—Age of injuries determined by doctor also in conformity with ocular version—Death penalty converted into life imprisonment.

       (B) Maxim—“Falsus in uno, falsus in omnibus”—Applicability of—Cannot be applied in discarding evidence of prosecution—Which is otherwise reliable and connect accused with crime.

       (C) Criminal trial—Death penalty—Reference of—Accused appellant is a young man aged 24 years—No criminal antecedents—Appellant also did not make any attempt of assault on eye-witness—Hence, death penalty should not have been awarded.

       Appeal Partly Allowed.