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PRINCIPAL BENCH PATNA
Rajeev Ranjan Prasad, J
Sanjay Kumar Shahi – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of the case and evidence presented. (Para 4 , 6 , 7) |
| 2. defense arguments challenging the prosecution's case. (Para 9 , 12 , 13 , 14 , 15) |
| 3. court's critical evaluation of evidence and inconsistencies. (Para 16 , 17 , 18 , 19 , 20) |
| 4. final judgment and acquittal based on doubt. (Para 21 , 22) |
CAV JUDGMENT
Date: 07-02-2018
Heard Mr. Suraj Deo Singh, learned Advocate, who has argued this matter as Amicus Curiae at length and also heard Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.
2. The present appeal has arisen out of a judgment dated 7th October, 2002 passed by learned Presiding Officer Additional Sessions Court No.I (Fast Track Court), Muzaffarpur in Session Trial No.249 of 1989/241 of 2001 ( State Vs. Sanjay Kumar Shahi ). The trial court has convicted the appellant under Section 394 IPC and awarded a sentence to undergo rigorous imprisonment for five years.
3. The facts as revealed from the judgment under appeal are as under:-
A first information report giving rise to Minapur P.S. Case No.159 of 1988 was registered on 19.10.1988 in respect of an offence alleged to have taken place on 18.10.1988 at 23.45 hours (11.45 PM). The fir
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