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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJAY KUMAR PACHORI
Saind Pal Singh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. summary of allegations and background facts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments highlighting deficiencies in prosecution proof. (Para 7 , 9 , 10) |
| 3. court's observations on evidence and testimony credibility. (Para 8 , 11 , 12 , 13 , 14 , 15 , 22) |
| 4. principles regarding delay in lodging fir and burden of proof. (Para 17 , 18 , 19 , 20 , 21) |
| 5. conclusion and ruling on acquittal. (Para 24 , 25 , 26) |
JUDGMENT :
SANJAY KUMAR PACHORI, J.
1. Present Criminal Appeal has been preferred under Section 374 of Code of Criminal Procedure (hereinafter referred as “Cr.P.C.) against the judgment and order dated 28.8.1982 passed by Special Judge (D.A.A.)/Additional Sessions Judge, Lalitpur in Special Case No. 31 of 1982, whereby trial court convicted the appellants under Section 393 , I.P.C. read with Section 12 of U.P. Dacoity Affected Area Ordinance, 1982 and sentenced them 3 years rigorous imprisonment each, however, trial court acquitted the appellants under Section 25 (b)(4) of ARMS ACT .
2. Brief facts of the case are that the first information report dated 29.12.1981 has been registered against the appellants and unknown persons stating that when the first informant was o
Criminal prosecutions require proof beyond reasonable doubt, and unexplained delays in FIR filing coupled with absence of independent witnesses can result in acquittal.
The prosecution must prove guilt beyond reasonable doubt; recovery without independent corroboration is insufficient for conviction.
To convict under Section 396 IPC, prosecution must establish involvement of five or more persons in committing dacoity; failure to prove this essential requirement leads to acquittal.
The prosecution must prove its case beyond reasonable doubt, and failure to examine the Investigating Officer can result in significant prejudice to the accused, as demonstrated in this case.
Inordinate delay in lodging the FIR and non-consideration of defence witnesses' evidence can entitle the accused to the benefit of doubt.
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