Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJESH SINGH CHAUHAN, ABDHESH KUMAR CHAUDHARY
Jagdamba Harijan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appeal against acid attack murder conviction. (Para 1 , 2) |
| 2. appellant threw acid on mother and sister-in-law. (Para 3 , 4) |
| 3. trial convicted appellant; appeal preferred. (Para 5 , 6 , 7) |
| 4. challenges fir delay, witnesses, identity, causation. (Para 8) |
| 5. acid attacks are cruel gender-based violence. (Para 9 , 10 , 11) |
| 6. timeline confirms acid burns caused deaths. (Para 12 , 13 , 14) |
| 7. septic shock from burns, not treatment failure. (Para 15 , 16 , 17) |
| 8. witness identified appellant despite fir variances. (Para 18 , 19 , 20) |
| 9. fir delay excused by medical priority. (Para 21 , 22 , 23 , 24 , 25) |
| 10. lawyer aid in fir for illiterate acceptable. (Para 26 , 27) |
| 11. complainant credible eye-witness to assault. (Para 28) |
| 12. harassment motive proved by prior threats. (Para 29) |
| 13. minor discrepancies, poor probe not fatal. (Para 30 , 31 , 32) |
| 14. interested witnesses credible if reliable. (Para 33) |
| 15. guilt proved beyond all reasonable doubt. (Para 34) |
| 16. life reduced to fixed 14-year imprisonment. (Para 35 , 36 , 37 , 38 , 39) |
| 17. appeal partly allowed post sentence. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
Abdhesh Kumar Chaudhary, J.
1. Heard Shri R.P. Mishra, learned Counsel appea
Acid attack conviction under IPC §§304, 326A upheld on eyewitness testimony despite FIR delay and minor discrepancies; life sentence reduced to 14 years fixed term balancing retribution, time served,....
Acid attack – Acid attacks not only cause damage to physical appearance of its victims but also cause immense psychological trauma – Delay in filing FIR alone cannot refute entire prosecution story.
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
Acid Attack - Eye witnesses - Admissibility of - As a consequence of fact that injuries to the witness is an inbuilt guarantee of his presence at scene of crime and because the witness would not want....
A conviction for an acid attack was overturned due to lack of credible evidence linking the accused, highlighting the necessity of substantial proof in sensitive cases involving caste dynamics.
(1) Murder, attempt to murder and rioting – When genesis and manner of incident itself are doubtful, benefit of doubt should always be in favour of accused.(2) Appreciation of evidence – While apprec....
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
