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| HC overturns 17-year-old attempt to murder conviction, grants benefit of doubt | | | Early Times Report
JAMMU, Feb 11: In a stern reaffirmation of the cardinal principles of criminal jurisprudence, the High Court of Jammu & Kashmir and Ladakh at Jammu has set aside the conviction of a man in a 2004 attempt to murder case, holding that the prosecution failed to establish guilt beyond reasonable doubt. Justice Sanjay Parihar, while allowing Criminal Appeal, quashed the judgment dated 01.08.2009 passed by the Sessions Judge, Udhampur, whereby the appellant Ravi Kumar had been convicted under Sections 307 and 341 of the Ranbir Penal Code and sentenced to three years' rigorous imprisonment with fine. The High Court observed that the most material witness-the injured himself-did not identify the accused as the assailant. Despite being declared hostile, no incriminating material could be extracted connecting the appellant with the offence.
The Court further found material contradictions in the testimony of the sole eye-witness (wife of the injured), including admission that the allegation of theft mentioned in the FIR was incorrect. Several independent witnesses turned hostile, and the alleged recovery of weapon was not proved in accordance with law.
Emphasising that medical evidence, though proving injuries, cannot substitute proof of identity of the assailant, the Court held that conviction under Section 307 RPC requires clear proof of intention and overt act-both of which were not established.
Relying on settled law that "suspicion, however strong, cannot take the place of proof," the Court held that the appellant was entitled to benefit of doubt and acquitted him of all charges.
The conviction and sentence were accordingly set aside and bail bonds discharged. (JNF) |
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