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ARVIND KUMAR MISHRA I, SARAL SRIVASTAVA
Raju – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. description of the crime and investigation process. (Para 3 , 4 , 5 , 6 , 9 , 10 , 11 , 12 , 15) |
| 2. defense arguments on innocence and evidence. (Para 17 , 18 , 19 , 20 , 21) |
| 3. state's response to defense arguments. (Para 22) |
| 4. details of the victim's last seen and recovery. (Para 24 , 25 , 26 , 27) |
| 5. court's examination of witness credibility. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. assessment of f.i.r. timing and reliability. (Para 35 , 36 , 37 , 38 , 39) |
| 7. critical analysis of investigatory procedures and evidence. (Para 40 , 41 , 42 , 43 , 44) |
| 8. conclusion on the benefit of doubt and acquittal. (Para 45 , 46) |
| 9. final decision and orders of the court. (Para 47 , 48 , 49 , 50) |
JUDGMENT
Heard Sri R.B. Singh and Sri N.K. Singh, learned counsel for the appellant, Sri A.N. Mullah, learned A.G.A. for the State and perused the material brought on record.
2. The instant appeal has been preferred against the judgement and order dated 20.08.2013 passed by the Additional Sessions Judge, Court No. 10, Bareilly, in Session Trial No. 1143 of 2012 (State of U.P. v. Raju), arising out of Case Crime No.1092 of 2012, under Sections - 302, 201 I.P.C., Police Station - Baheri, Dis
The prosecution must prove its case beyond a reasonable doubt; significant contradictions and procedural irregularities in the FIR undermine the conviction.
Direct eyewitness testimony can establish guilt in murder cases, supported by physical evidence, where minor discrepancies do not diminish credibility.
A conviction under Section 394 IPC requires evidence of guilt beyond reasonable doubt, which is compromised by significant procedural lapses and inconsistencies in witness statements.
Acquittal upheld due to insufficient evidence and procedural irregularities affecting credibility.
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in witness testimonies and investigative delays can undermine its credibility.
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