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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJESH SINGH CHAUHAN, ABDHESH KUMAR CHAUDHARY
Jagdamba Harijan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Abdhesh Kumar Chaudhary, J.
1. Heard Shri R.P. Mishra, learned Counsel appearing for the appellant as well as Shri S.P. Singh, learned A.G.A. for the State and perused the materials available on record.
2. The present Criminal Appeal under Section 374(2) has been preferred by the appellant- Jagdamba Harijan, against the impugned Judgment and order dated 30.08.2018, passed by the Additional Sessions Judge-II, Court No.2, Pratapgarh, in Sessions Trial No. 08 of 2015 (State vs. Jagdamba Harijan), arising out of Case Crime No. 147 of 2014, relating to Police Station Aaspur Devsara, District Pratapgarh, whereby the appellant has been convicted under Sections 304, 326-A & 452 I.P.C. and sentenced under & 326-A I.P.C. for life imprisonment with fine of Rs.10,000/- and under Section 452 I.P.C. for rigorous imprisonment of 02 years with fine of Rs. 5000/- and to further undergo six months’ additional imprisonment in case of default in payment of fine. However, the learned Trial Court has acquitted the appellant for the offence under Section 323 I.P.C.
CASE OF THE PROSECUTION
3. The factual matrix leading up to the filing of the present Criminal Appeal is delineated herein-below:-
3.1)
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....
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