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2007 Supreme(Online)(Gau) 10

GAUHATI HIGH COURT
A., J
Shri Parimal Gowala and Others v. State of Tripura


Advocates:
For the Appellants/Petitioners: Mr. S. Sarkar
For the Respondents: Mr. A. Ghosh

Table of Content
1. guilt must be established beyond reasonable doubt. (Para 1 , 30)
2. prosecutorial burden of proof remains stringent. (Para 2 , 8 , 24)
3. inconsistencies in testimony affect prosecutorial credibility. (Para 5 , 12 , 18 , 20)
4. failure to examine independent witnesses raises doubts. (Para 15 , 16 , 22)

1. The appellants / accused of this appeal is challenging the judgment and order dated 12-9-2001 and the order for sentence dated 15-9-2001 passed in S.T. 22 (WT / K) 2000 by the learned Additional Sessions Judge, West Tripura, Khowai convicting the appellants / accused under S.364 read with S.34, I.P.C. sentencing them to suffer Rigorous Imprisonment for 10 years and to pay fine of Rs. 3000/- each I.D. to suffer further R.I. for 3 months and under S.302 read with S.34, I.P.C. sentencing them to suffer R.I. for life and fine of Rs. 5,000/- each I.D., to suffer further R.I. for 5 months and the sentences will run concurrently.

2. The golden thread which runs throughout the cobweb of criminal jurisprudence as administered in India is that nine guilty may escape but one innocent should not suffer. But at the same time no guilty should escape unpunished once the guilt has b














































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