SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(HP) 3163

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Nagesh Awasthi – Appellant
Versus
State of H.P – Respondent
Cr. Revision No. 83 of 2015|Cr. Revision No.86 of 2015



Important Points

Identification of an accused for the first time in court without a prior Test Identification Parade is not reliable for conviction, especially if the accused was a stranger to the witness.

Subject

Criminal Law - Criminal Procedure (Trial and Appeal)

Act Referred

Indian Penal Code: S.503, S.506, S.149, S.147, S.341, S.323, S.325, S.506 read with S.149
Criminal Procedure Code: S.313, S.397, S.145, S.162(1), S.437-A
Indian Evidence Act: S.145, S.155(3)
Bhartiya Nagarik Suraksha Sanhita, 2023: S.481

Headnote

(A) Indian Penal Code, 1860 - Sections 147, 149, 341, 323, 325, 506 - Criminal Procedure Code, 1973 - Sections 313, 397 - Evidence Act, 1872 - Sections 145, 155 - Conviction for rioting, wrongful restraint, voluntarily causing hurt, voluntarily causing grievous hurt, and criminal intimidation - Revisional Court can only rectify patent defect, errors of jurisdiction or law - Evidence of an injured witness must be given due weightage, as his presence on the spot cannot be doubted; such testimony is accorded a special status and is to be accepted unless there are compelling circumstances to doubt it (Paras 14, 15, 16, 17, 18, 19) - Minor contradictions in the statements of witnesses are not sufficient to discard the prosecution case (Para 26) - The identification of an accused for the first time in court, without a prior Test Identification Parade, is highly suspect and cannot be relied upon to record a conviction when the accused was not previously known to the witnesses (Para 39, 40, 41) - An alternative hypothesis admitted by a Medical Officer in cross-examination does not make the prosecution case suspect when the testimonies of witnesses are found credible (Para 43) - The failure to recover a weapon of offence or clothes is not fatal to the prosecution if the direct evidence is reliable (Paras 47, 49) - For an offence of criminal intimidation under Section 506 IPC, the prosecution must prove that the threat caused alarm or induced the person threatened to do or omit an act (Paras 52, 53, 54, 55).

(B) Criminal Procedure Code, 1973 - Section 162 - A previous statement of a witness under Section 161 CrPC must be 'duly proved' before it can be used for contradiction; if the witness denies the statement, the investigating officer must be examined to prove it (Paras 24, 25).

Facts of the case:
The informant, along with two others, went to a temple. The accused persons obstructed and beat them with sticks, kicks, and fist blows, causing injuries, including a grievous injury (fracture of vertebrae) to one victim. The informant party was also threatened. The trial court convicted all accused under Sections 147, 341, 323, 325, and 506 read with Section 149 IPC, which was upheld by the appellate court. The accused filed two separate criminal revisions against their conviction and sentence.

Findings of Court:
The High Court found that the identity of only two accused (Vishal Thakur @ Goldi and Suman Thakur) was proved through the witnesses' testimony. The identification of other accused (Nagesh Awasthi, Gopal Singh, Arvind Katoch) for the first time in court was unreliable as they were not previously known to the witnesses and no Test Identification Parade was held. The conviction of the two identified accused under Sections 147, 341, 323, and 325 read with Section 149 IPC was upheld. However, their conviction under Section 506 read with Section 149 IPC was set aside as the prosecution failed to prove that the threats caused alarm or induced any action. The other accused were acquitted of all charges.

Issues: The main issues were whether the identification of all accused was properly established, whether the medical evidence contradicted the prosecution version, whether the non-examination of independent witnesses was fatal, and whether the ingredients of criminal intimidation were met.

Ratio Decidendi: A court can rely on the testimony of an injured witness, which carries great evidentiary value. However, the identification of an accused for the first time in the dock, without a prior test identification parade, is suspect and unreliable, especially if the accused was a stranger to the witness. For a conviction under Section 506 IPC, the prosecution must prove that the threat was intended to, and did, cause alarm or compel the victim to act or omit an act against their will.

Result : Criminal Revision No. 83/2015 allowed, and accused Nagesh Awasthi, Gopal Singh, and Arvind Katoch are acquitted. Criminal Revision No. 86/2015 partly allowed; accused Vishal Thakur and Suman Thakur are acquitted of the offence under Section 506 read with Section 149 IPC, but their conviction on other charges is maintained. The sentences were held not to be excessive and were not interfered with.

Advocates:
For the Appellants/Petitioners:Mr Lovneesh Kanwar, Senior Advocate, with Mr Tarun Garla, Advocate for petitioner Nos. 1 & 3 in Cr. Rev. No.83 of 2015, Mr Peeyush Verma, learned Senior Advocate, assisted by Mr Abhishek Thakur, for petitioner No.2 in Cr. Rev. No.83 of 2015, Mr Vinod Thakur, Advocate, for the petitioners in Cr. Rev. No.86 of 2015
For the Respondents:Mr Jitender Sharma, Additional Advocate General

Judgment - Cr. Revision Nos. 83 of 2015 & 86 of 2015

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

2026:HHC:21286

Cr. Revision Nos. 83 of 2015 & 86 of 2015

Reserved on: 31.03.2026

Decided on: 03-06.2026


1. Cr. Revision No.83 of 2015

Nagesh Awasthi & others Petitioners

vs

State of H.P Respondent


2. Cr. Revision No.86 of 2015

Vishal Thakur @ Goldi and another Petitioners

vs

State of H.P Respondent


Coram

Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?

For the petitioners : Mr Lovneesh Kanwar, Sr. Advocate, with Mr Tarun

Garla, Advocate for petitioner

Nos. 1 & 3 in Cr. Rev. No.83 of 2015.

Mr Peeyush Verma, learned

Senior Advocate, assisted by

Mr Abhishek Thakur, for

petitioner No.2 in Cr. Rev.

No.83 of 2015.

Mr Vinod Thakur, Advocate,

for the petitioners in Cr. Rev.

No.86 of 2015.

Whether reporters of Local Papers may be allowed to see the judgment?

For the respondent : Mr Jitender Sharma,

Additional Advocate General.

Rakesh Kainthla, Judge:

1. The present revisions are directed against the judgment dated 28.02.2015 passed by the learned Additional Sessions Judge-III, Kangra at Dharamshala, Circuit Court at Baijnath, Distt. Kangra, H.P (hereinafter referred to as the learned Appellate Court), vide which, the judgment of conviction dated 19.05.2011 and order of sentence dated 20.05.2011 passed by learned Judicial Magistrate First Class, Baijnath, District Kangra (learned Trial Court) were upheld. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned trial Court for convenience).

2. Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned trial Court against the accused for the commission of offences punishable under Sections 341, 323, 325, 50

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top