Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Lakhmi – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. filing of criminal appeal described. (Para 1) |
| 2. details of the crime and initial investigations. (Para 3 , 4 , 5) |
| 3. evidence from witnesses and investigation report. (Para 6 , 8 , 9) |
| 4. witness testimonies detailing the incident. (Para 10 , 11) |
| 5. medical examination corroborating cause of death. (Para 16 , 19) |
| 6. court's analysis on witness credibility. (Para 34 , 43) |
| 7. arguments regarding inconsistencies in witness testimonies. (Para 36 , 37 , 38 , 39 , 40) |
| 8. supreme court views on witness discrepancies. (Para 44 , 48) |
| 9. conviction upheld and order for sentencing. (Para 79 , 80 , 81) |
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. This criminal appeal has been filed against a judgement and order dated 06.07.2017 passed by the Additional District and Sessions Judge, Anoopshahr (Bulandshahr) in ST No. 310 of 2012 arising out of case crime No. 400 of 2011, under Sections 302/34, 307/34, 509/34 and 506 IPC, police station Dibai, district Bulandshahr whereby the learned Judge convicted and sentenced the appellants Lakhmi, Languri and Yogesh as under:-
(a) Life imprisonment and a fine of Rs. 50,000/- each under Section 302/34 IPC and in case of default in payment of fine, six months’
Eyewitness accounts, including those of child witnesses, can uphold criminal convictions despite minor discrepancies, provided the core consistency and reliability are established.
Murder - Testimony of sole child witness - There is no age limit fixed for a person to be a competent witness. A child of tender age can also be a competent witness.
In sexual assault cases, the victim's testimony is vital and can form the sole basis for conviction if it inspires confidence. Corroboration is not a strict legal requirement, and minor discrepancies....
Circumstantial evidence must be fully established and form a complete chain, with no reasonable doubt about the accused's guilt for a conviction to be upheld.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
The conviction of the appellant was overturned due to insufficient evidence, with reliance on the testimony of an incompetent child witness and failure to prove charges beyond reasonable doubt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
