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2024 Supreme(Online)(UT) 4437

HIGH COURT OF UTTARAKHAND
ABDUL QADIR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
Mr. Sudhir Kumar, Advocate for the revisionist. Mr. Vipul Painuly, Brief Holder for the State of Uttarakhand.

Table of Content
1. complaint filed by the private respondent (Para 4 , 5)
2. prosecution failed to prove its case (Para 6)
3. presumption under section 139 (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 40 , 41 , 42)
4. conviction confirmed (Para 38 , 39)

JUDGMENT

The instant revision is preferred against the following”-

(B) The judgment and order dated 06.08.2024, passed in Criminal Appeal No.81 of 2023,, Abdul Qadir Vs. State and Another, by the court of Second Additional Sessions Judge, Haldwani, District Nainital. By it, the judgment and order dated 02.08.2023, passed in the case, has been affirmed.

3. Heard learned counsel for the parties and perused the record.

5. In his examination under Section 313 of the Code of Criminal Procedure, 1973, the revisionist has reiterated the same statement. The revisionist also examined himself as DW1 and one more witness, DW2, Mohd. Nazim, was examined in the defence. After hearing the parties, by the judgment and order dated 02.08.2023, passed in the case, the revisionist has been convicted and sentenced, as stated hereinabove. This judgme

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