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IN THE HIGH COURT OF ALLAHABAD
Vivek Kumar Birla, Jitendra Kumar Sinha
Ferasat – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. absence of appellant does not prevent appeal from being heard. (Para 1 , 2) |
| 2. court can decide appeal on merits despite absence of parties. (Para 3) |
| 3. legal precedents guide the court's approach in absence of appellant. (Para 4) |
| 4. factual background of the case establishes the context for the appeal. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court affirms trial court's conviction based on reliable evidence. (Para 17 , 18 , 19 , 20 , 21) |
| 6. appeal dismissed; conviction and sentence affirmed. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
Jitendra Kumar Sinha, J.
1. List has been revised. No one appears on behalf of appellant to press the present appeal. The appeal is of the year 1983.
2. As per office report dated 3.3.2022, the sole appellant, Firasat, is not traceable. NBW was issued against the appellant by the order dated 05.02.2024 of this Court. But the same could not be executed as the appellant no longer resides on available address. Sureties are also not traceable.
3. This appeal is being heard and disposed of in view of law propounded by Hon'ble Apex Court in Surya Baksh Singh vs. State of Uttar Pradesh , (2014) 14 SCC 222, the Hon'ble Apex Court has held
The court can decide an appeal on merits despite the absence of the appellant or counsel, and a statement recorded under Section 161 Cr.P.C. can be treated as a dying declaration post-death.
A dying declaration can serve as the sole basis for conviction if deemed credible, regardless of the absence of the accused or challenges to witness reliability.
The court reinforced the principle that a dying declaration must be credible and corroborated; otherwise, it cannot sustain a conviction, especially where reasonable doubt exists due to procedural la....
Extra-judicial confessions can be admissible as evidence if corroborated by other reliable evidence, and a prompt FIR is crucial for establishing the truth of the informant's account.
The court affirmed that testimony from injured witnesses is highly credible, and minor inconsistencies do not undermine the prosecution's case if corroborated by medical evidence.
The court can proceed with a criminal appeal on merits in the absence of the appellant and does not need to appoint an Amicus Curiae if the record supports the conviction.
The appointment of an amicus curiae for an incarcerated appellant requires prior notice to the accused and must afford the counsel sufficient time and opportunity to consult with the client to ensure....
The Court emphasized the necessity for strict adherence to procedural norms for dying declarations, highlighting that lack of corroborative evidence and questioning health conditions of the victim un....
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