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G.S.AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
Ramcharan – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
Ahluwalia J.-- 1. By this common judgment, Cr.A. No.192 of 2010 filed by appellants and Cr.A. No.353 of 2014 filed by the State shall be disposed of.
2. Both the Criminal Appeals have been filed against the judgment and sentence dated 11.1.2010 passed by Special Judge (MPDVPK Act) Shivpuri in Special Sessions Trial No.60/2009 by which the appellants have been convicted and sentenced for the following offences :
| Name of Appellant | Conviction | Sentence |
| Vijay (Appellant No.3) | Under section 364-A of IPC read with section 11/13 of MPDVPK Act | Life Imprisonment and fine of Rs. 1000/- in default 3 months R.I. |
|
| Under section 323 of IPC | 3 months R.I. and fine of Rs.500 in default 15 days R.I. |
|
| Under section 25(1- B)(a) of Arms Act read with section 11/13 of MPDVPK Act | 3 years R.I. and fine of Rs.1000/- in default 3 months R.I. |
| Ramcharan (Appellant No.1) | Under section 25(1- B)(a) of Arms Act read with section | 3 years R.I. and fine of Rs.1000/- in default 3 months |
| R.I. | ||
The prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime charged.
The prosecution failed to establish the appellants' guilt beyond a reasonable doubt due to inconsistencies in witness testimonies and procedural irregularities in identification parades.
The appellate court must respect the trial court's credibility assessments unless found to be perverse, while overturning acquittals requires strong evidence and cannot merely rely on the possibility....
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
Point of Law : Test identification report do not constitute substantive evidence and its corroboration from the surrounding circumstance is required.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
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