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PREM NARAYAN SINGH
Vinay @ Vikky Raghuvanshi – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. The criminal revision under section 397 read with section 401 of Cr.P.C. has been filed by the petitioner being cresfallen by the judgment dated 6.1.2020 passed by learned IVXth Additional Sessions Judge, District Indore in Criminal Appeal No. 206/2019 affirming the judgment dated 30.7.2019 passed by learned Chief Judicial Magistrate, District Indore wherein the petitioner has been convicted under section 34(2) of M.P. Excise Act, 1915 (hereinafter referred to as "the Act") and sentenced to undergo 01 year R.I. alongwith fine of Rs.25,000/- and in default stipulation 03 months R.I., sections 39/192, 146/196 and 3/181 of Motor Vehicle Act, 1988 (hereupon referred to as "MV Act") alongwith fine of Rs.2,000/-, Rs.500/- & Rs.500/- and section 484 of Indian Penal Code, 1860 (in short "IPC") and sentenced to undego 01 year R.I. with fine of Rs.5,000/- respectively and default stipulations.
2. Succinctly stated brief facts of the case are that on 9.12.2010, ASI posted at M.G. Road, Police station has received a discret information from the informer that one Scorpio bearing Registration No.MP-09-MQ-0008 is loaded with illegal liquor and shall pass through Tilak Path Road. Acting up
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
The court upheld that convictions can rely on official witness testimony even without independent corroboration if the evidence is credible, and absence of chemical analysis report does not invalidat....
The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to procedural irregularities and witness credibility issues.
The prosecution must establish its case beyond reasonable doubt, adhering to statutory requirements; failure to do so results in acquittal.
The testimony of official witnesses can be the sole basis for conviction if it is reliable and consistent, even in the absence of independent witnesses.
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