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Showing posts with label
infirmities not explained - resulted in acquittal
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Showing posts with label
infirmities not explained - resulted in acquittal
.
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Sunday, November 19, 2017
infirmities not explained - resulted in acquittal = did not mention the name of the accused and instead mentioned therein "some sardars"; the weapon used in commission of offence was recovered from the pocket of the accused the next day, it looked improbable; not sent for forensic examination with a view to find out as to whether it was capable of being used to open fire and, if so, whether the bullet/palate used could be fired from such gun. Similarly, other seized articles such as blood-stained shirt and soil were also not sent for forensic examination; weapon (Pistol) was not produced before the 8 concerned Magistrate, as was admitted by the Investigating Officer.; as per the medical evidence of the Doctor (PW-6) a particular type of mark where the bullet was hit should have been there but no such mark was noticed on the body. No explanation was given for this.- Since the State has challenged the order of acquittal in this appeal, unless we are able to notice any kind of illegality in the impugned judgment, we cannot interfere in such judgment. In other words, it is only when we find that the impugned judgment is based on no evidence or/and it contains no reasoning or when it is noticed that the reasoning given are wholly perverse, this Court may consider it proper in appropriate case to interfere and reverse the decision of the High Court.
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No…………….of 2017 (Arising out of S.L.P.(Crl.)No. 16...
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