Crl.A. No. 000029 / 2020

DARSHAN 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 prosecution fails to establish the lawful authority of police personnel to act beyond their territorial jurisdiction, and the genesis of the FIR along with the chain of evidence (including recovery of weapons and identification of accused) is riddled with doubt, an accused is entitled to acquittal on benefit of doubt — a principle examined in this analysis available on casestatus.in. Conviction under Sections 333/149, 395, and 397 IPC cannot be sustained where the foundational facts of official duty and unlawful assembly are unproven.

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