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VINOD DIWAKAR
Sushil Kumar Dwivedi @ Sonu Dwivedi – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Vinod Diwakar, J.
1. Criminal Appeal No.2558 of 2014 has been filed along with Criminal Appeal Nos.2559 of 2014, 2582 of 2014, 2639 of 2014 and 2640 of 2014 challenging the judgment and order dated 26.6.2014 passed by the Court of Additional District & Sessions Judge, Court No.5, Kanpur Nagar.
2. On 5.3.2014 at about 9.00 pm, it has been alleged in the FIR which itself was lodged on 5.3.2014 at 23.00 pm (11.00 pm) at police station Govind Nagar, District Kanpur Nagar, that in Flat No.HIG 304 Ratan Lal Nagar Rudra Vatika, Kanpur Nagar the first informant along with his real brother's wife Neeta Singh, his maternal brother (mamera bhai) Tilak Singh along with Nishi, Nidhi, Abhay, Tushar, the children of his real brother was present. At around 9.00 pm the call bell rang and in response thereto Neeta, the wife of his brother, opened the door. Upon opening the door, Sonu Saxena, who lived in a neighbouring flat, enquired as to where Puti (husband of Neeta) was and to this question Neeta had replied that he had gone to Lucknow. Along with Sonu Saxena, Sonu Dwivedi had also come and very abusingly he said that she would not tell where Puti was unless they made her naked and was ta
Eyewitness testimony must be scrutinized for credibility, especially when inconsistencies arise and key witnesses are absent, impacting the prosecution's case.
Merely, because they have not been examined is not a ground to disbelieve an otherwise credible ocular account rendered by a person injured in the incident whose presence, otherwise also, is natural ....
The prosecution must establish its case beyond reasonable doubt, and reliance on uncorroborated witness testimony, especially from related parties, is insufficient for conviction.
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
The need for reliable witness testimonies and corroborating evidence, especially in the absence of independent witnesses, to establish charges beyond reasonable doubt.
The court established that eyewitness testimony from related witnesses can be credible and sufficient for conviction, provided it is consistent and corroborated by other evidence, and that the absenc....
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