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JITENDER KUMAR v. THE STATE OF HARYANA STATE OF HARYANA DEPUTY CHIEF ENGINEER

Supreme Court of India | Diary 10165/2016

Status

ROP - of Main Case

Decided On

23-11-2017

Bench

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL and HON'BLE MR. JUSTICE UDAY UMESH LALIT

Petitioner

JITENDER KUMAR

Respondent

THE STATE OF HARYANA STATE OF HARYANA DEPUTY CHIEF ENGINEER

Primary Holding

When adequate credible evidence is lacking to sustain a conviction, an accused is entitled to the benefit of doubt, warranting acquittal and setting aside of conviction and sentence.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S).297 OF 2016 JITENDER KUMAR APPELLANT(S) VERSUS THE STATE OF HARYANA RESPONDENT(S) O R D E R We have heard learned counsel for the parties and perused the record. We are unable to discern adequate credible evidence in support of conviction of the appellant. He is said to have been in custody for 17 years. Having regard the material on record, we are of the view that the appellant is entitled to benefit of doubt. Accordingly, his conviction and sentence are set aside and he is acquitted. He is said to be in custody. He may be released forthwith unless required in any other case. The appeal is allowed in above terms. ..........................J. [ADARSH KUMAR GOEL] ..........................J. [UDAY UMESH LALIT] NEW DELHI 23 rd November, 2017

ITEM NO.101 COURT NO.11 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 297/2016 JITENDER KUMAR Appellant(s) VERSUS THE STATE OF HARYANA Respondent(s) Date : 23-11-2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Ms. Richa Kapoor, AOR Ms. Mata Prasad Singh, Adv. Ms. Ranjana Rastogi Singh, Adv. For Respondent(s) Mr. Samar Vijay Singh, Adv. Mr. Sanjay Kumar Visen, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order. Pending applications, if any, shall also stand disposed of. (SWETA DHYANI) (PARVEEN KUMARI PASRICHA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed order is placed on the file)

ITEM NO.103 COURT NO.11 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 297/2016 JITENDER KUMAR Appellant(s) VERSUS THE STATE OF HARYANA Respondent(s) Date : 22-11-2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Ms. Richa Kapoor, AOR Ms. Mata Prasad Singh, Adv. Ms. Ranjana Rastogi Singh, dv. For Respondent(s) Mr. Samar Vijay Singh, Adv. Mr. Sanjay Kumar Visen, AOR UPON hearing the counsel the Court made the following O R D E R Arguments heard in part. List the matter tomorrow i.e. on 23 rd November, 2017. (SWETA DHYANI) (PARVEEN KUMARI PASRICHA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

ITEM NO.46 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Criminal Appeal 297/2016 JITENDER KUMAR Appellant(s) VERSUS STATE OF HARYANA Respondent(s) Date : 17/11/2016 This appeal was called on for hearing today. For Appellant(s) Ms. Richa Kapoor,Adv. Ms. Seema Patnaha, Adv. For Respondent(s) Mr. Sanjay Kumar Visen,Adv. Mr. Samar Vijay Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Sole respondent is duly represented. Parties have not filed additional documents despite availaing opportunity. As such, process for listing before Hon'ble Court as per Rules. (PAWAN DEV KOTWAL) Registrar

ITEM NO.46 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWALCriminal Appeal 297/2016JITENDER KUMAR Appellant(s) VERSUSSTATE OF HARYANA Respondent(s)Date : 17/11/2016 This appeal was called on for hearing today.For Appellant(s) Ms. Richa Kapoor,Adv. Ms. Seema Patnaha, Adv. For Respondent(s) Mr. Sanjay Kumar Visen,Adv. Mr. Samar Vijay Singh, Adv. UPON hearing the counsel the Court made the following O R D E RSole respondent is duly represented.Parties have not filed additional documents despite availaingopportunity. As such, process for listing before Hon'ble Court as perRules. (PAWAN DEV KOTWAL) Registrar

ITEM NO.37 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Criminal Appeal No(s). 297/2016 JITENDER KUMAR Appellant(s) VERSUS STATE OF HARYANA Respondent(s) Date : 06/09/2016 This appeal was called on for hearing today. For Appellant(s) Ms. Seema Patnaha, Adv. Ms. Richa Kapoor,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Advocate, Mr. Samar Vijay Singh, appearing on behalf of Mr. Sanjay Kr. Visen, Advocate-on-Record appears for the sole respondent. He seeks time to file vakalatnama. Be filed within two weeks' time. Additional documents be filed within four weeks' time. List again on 17.11.2016. (PAWAN DEV KOTWAL) Registrar

¬ITEM NO.37 REGISTRAR COURT. 1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWALCriminal Appeal No(s). 297/2016JITENDER KUMAR Appellant(s) VERSUSSTATE OF HARYANA Respondent(s)Date : 06/09/2016 This appeal was called on for hearing today.For Appellant(s) Ms. Seema Patnaha, Adv. Ms. Richa Kapoor,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RThe Ld. Advocate, Mr. Samar Vijay Singh, appearing onbehalf of Mr. Sanjay Kr. Visen, Advocate-on-Record appearsfor the sole respondent. He seeks time to file vakalatnama.Be filed within two weeks' time. Additional documents befiled within four weeks' time.List again on 17.11.2016. (PAWAN DEV KOTWAL) Registrar

ITEM NO.30 COURT NO.4 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 5607/2016 (Arising out of impugned final judgment and order dated 21/02/2015 in CRLA No. 571/2002 passed by the High Court of Punjab & Haryana at Chandigarh) JITENDER KUMAR Petitioner(s) VERSUS STATE OF HARYANA Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 08/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Ms. Richa Kapoor, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted. Prayer for bail stands rejected. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master

ð ITEM NO.30 COURT NO.4 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 5607/2016 (Arising out of impugned final judgment and order dated 21/02/2015 in CRLA No. 571/2002 passed by the High Court of Punjab & Haryana at Chandigarh) JITENDER KUMAR Petitioner(s) VERSUS STATE OF HARYANA Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 08/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Ms. Richa Kapoor, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted. Prayer for bail stands rejected. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court MasterSignature Not VerifiedDigitally signed byGULSHAN KUMARARORADate: 2016.04.0817:10:17 ISTReason:

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