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IN THE HIGH COURT OF ALLAHABAD
Rajiv Gupta, Subhash Chandra Sharma
Shahid – Appellant
Versus
State Of UP – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing in capital cases (Para 1 , 2) |
| 2. details of prosecution case and evidence (Para 3 , 4 , 5 , 6) |
| 3. witness testimonies and court procedures (Para 7 , 10 , 11) |
| 4. charges framed and trial process details. (Para 8 , 9) |
| 5. accused's denial and trial court's judgment. (Para 12 , 13) |
| 6. defense arguments regarding evidence and fair trial (Para 15 , 16) |
| 7. court's analysis on trial fairness and evidence handling. (Para 17 , 18 , 22) |
| 8. requirements for fair trial in capital punishment cases (Para 19 , 20 , 21 , 24) |
| 9. remand for further proceedings due to trial errors (Para 23 , 26) |
| 10. final order and disposition of the appeal (Para 27 , 28) |
JUDGMENT :
Chandra Sharma, J.
1. This appeal has been filed by the appellant against the judgment and order dated 20.12.2023 passed by the learned Special Judge (POCSO Act)/ Additional Sessions Judge, Farrukhabad in Special Session Trial No. 921 of 2023 (State Vs. Shahid) arising out of Crime No. 179 of 2023, under Section 302 , 201, 376DB IPC and Section 5 /6 Protection of Children From Sexual Offences Act, Police Station Kampil, District Farrukhabad, whereby appellant Shahid has been convicted and sentenced under
The absence of critical evidence and failure to provide the accused a fair opportunity to contest significant claims violated the right to a fair trial under Article 21.
The failure to examine scientific experts regarding DNA evidence violated the right to a fair trial, necessitating a remand for a fresh trial.
(1) Denial of fair trial is as much injustice to accused as is to victim and society.(2) In hallowed halls of justice, essence of fair and impartial trial lies in steadfast embrace of judicial calm.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
The court upheld the conviction based on circumstantial evidence and mitigated the death penalty to life imprisonment considering the age of the accused, the fact that he is a father of a girl child,....
The main legal point established in the judgment is the importance of a fair trial, the accused's right to cross-examine prosecution witnesses, and the fulfillment of constitutional obligations and p....
Court emphasized the application of circumstantial evidence principles where all links confirmed the appellant's guilt in the kidnapping, sexual assault, and murder of a minor, upholding a death sent....
The main legal point established in the judgment is the reliance on the DNA report to establish the guilt of the appellant under Sections 376(AB), 366, and 324 of the Indian Penal Code. The court als....
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