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G. S. AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
KALYAN alias KALLU S/o JAGDISH GURJAR – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – This judgment shall also govern disposal of CRA No. 885 of 2011, Narayan s/o Chhadami Kushwah vs. State of M. P., CRA No. 898 of 2011, Pancham Singh s/o Channi Jatav and others vs. State of M. P., CRA No. 100 of 2012, Narayan s/o Bhambar Singh Mirdha vs. State of Madhya Pradesh and CRA No. 666 of 2012, Udal Singh s/o Patiram Kushwah vs. State of Madhya Pradesh preferred under section 374 of Criminal Procedure Code.
2. Vide Judgment dated 8-8-2011 passed by Special Judge (MPDVPK Act, 1981) Gwalior (MP) in Special Sessions Trial No. 70 of 2004, appellants accused Pancham Singh, Kalyan alias Kallu Gurjar, Narayan Kushwah, Narayan Singh Mirdha, Punjab Singh Gurjar have been convicted under section 364-A, Indian Penal Code and sentenced to undergo Life Imprisonment and under section 365, Indian Penal Code, sentenced to undergo Five Years Rigorous Imprisonment with fine of Rs. 300/- each, with default stipulation whereas appellants Gariba alias Hanumant Singh Jatav and Tunda alias Rajesh Jatav have been convicted under section 364-A read with 120-B, Indian Penal Code and sentenced to undergo Life Imprisonment and under section 365 read with secti
The prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime charged.
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....
Conviction set aside - Conviction in a criminal trial is required to be certain and not doubtful. The burden of proof of guilt of an accused is upon the prosecution -It must stand by itself.
The absence of a Test Identification Parade (TIP) undermines the reliability of dock identification, making it insufficient for conviction in acquittal appeals.
Point of Law : Test identification report do not constitute substantive evidence and its corroboration from the surrounding circumstance is required.
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