Crl.A. No. 000032 / 2020
KASHMIR SINGH vs THE STATE OF UTTARANCHAL
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MS. JUSTICE BELA M. TRIVEDI
Order Date
12-07-2023
Filed On
16-03-2019 12:00 AM
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casestatus.in Summary
Where the police party, acting beyond their territorial jurisdiction, failed to record their presence or purpose in any General Diary and could not establish just and sufficient cause for visiting the accused's premises, the very genesis of the FIR and charge sheet remains unproven, entitling the accused to acquittal on benefit of doubt. As analysed on casestatus.in, conviction under Sections 333/149, 395, and 397 IPC cannot be sustained absent proof that public servants were acting in discharge of their official duties at the relevant time.