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AJAI TYAGI
Rahul Rajbhar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
AJAI TYAGI, J.
1. Heard learned counsel for the appellant and learned A.G.A. for the respondent.
2. This criminal appeal has been preferred against the impugned judgment and order dated 28.8.2015 passed by Additional Sessions Judge, Court No. 5 Basti in S.T. No. 63 of 2014 (State Vs. Rahul Rajbhar) arising out of Case Crime No. 511 of 2013, under Sections 326-A I.P.C. Police Station Munderwa, District Basti convicting and sentencing the appellant for ten years rigorous imprisonment and Rs. 20,000/- as fine under Section 326-A I.P.C. and further six months imprisonment in case of default of fine.
3. Relevant facts of this case are that on 10.05.2013 complainant Kanhaiya Lal son of Shivdas lodged an FIR in Police Station Munderwa, District Basti with the averments that on 10.05.2013 at about 4:30 AM his daughter Km. Pooja aged about 16 years was going to ease herself out with her mother Belmati and sister Km. Rinki; when she reached on the road in front of the village, accused Rahul Rajbhar who was sitting on the road, poured acid from a box upon his daughter Pooja, as a result of which, she sustained serious injuries on her face and other parts of the body. On account of rais
Acid Attack - Eye witnesses - Admissibility of - As a consequence of fact that injuries to the witness is an inbuilt guarantee of his presence at scene of crime and because the witness would not want....
If the injury falls under the specified types under Section 326A on account of use of acid, the offence 326A I.P.C. is attracted. Section 326B I.P.C. can be attracted in a case the requirements speci....
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
Acid attack – Acid attacks not only cause damage to physical appearance of its victims but also cause immense psychological trauma – Delay in filing FIR alone cannot refute entire prosecution story.
Acid attack conviction under IPC §§304, 326A upheld on eyewitness testimony despite FIR delay and minor discrepancies; life sentence reduced to 14 years fixed term balancing retribution, time served,....
The main legal point established in the judgment is the reliance on convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid....
The main legal point established in the judgment is the reliance on the reliability of the victim's testimony, corroboration from contemporaneous documents and medical evidence, recovery of evidence,....
Credible eyewitness testimony, corroborative medical evidence, and material witnesses are crucial in establishing guilt in criminal cases.
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