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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Punjab and Haryana High Court has upheld the acquittal of two individuals in a kidnapping case citing that the minor discrepancies in witness accounts do not meet the standard of proof required to overturn an acquittal. The judgment was delivered by a bench comprising Justice Sureshwar Thakur and Justice Amarjot Bhatti.
The key legal issue revolved around the appeal against the acquittal of the respondents who were previously charged under Section 364 of the Indian Penal Code (IPC) for allegedly abducting and confining the complainant by tying him with ropes.
The appeal was filed by the State of Punjab following the acquittal of Harwinder Singh and another respondent by the trial court. The trial court had based its decision on the inconsistencies and discrepancies in the testimonies of the witnesses, along with the lack of corroborative evidence.
Credibility of Witness Testimonies: The High Court noted significant variations in the witnesses' accounts, including the medical evidence, which did not corroborate the alleged severity of confinement or assault. Justice Bhatti highlighted, "The medical evidence presented only showed minor abrasions, inconsistent with claims of being tied and assaulted."
Lack of Corroboration: The court pointed out the absence of independent witnesses from the busy thoroughfare area, which could have corroborated the incident.
Review of Evidence: The bench thoroughly reviewed the entire evidence and emphasized that discrepancies that do not go to the root of the prosecution's case should not be grounds for conviction. Citing the Supreme Court's decision in Yogesh Singh v. Mahabeer Singh & Ors., the bench stated, "Minor contradictions, inconsistencies, or insignificant embellishments do not affect the core of the prosecution case and should not be taken to be a ground to reject the prosecution evidence."
Analysis of the Trial Court's Judgment: The High Court upheld the trial court's judgment, agreeing that the evidence against the accused was unconvincing and did not fulfill the standard required to convict beyond a reasonable doubt.
Decision of the Judgment: The appeal by the State of Punjab was dismissed, and the acquittal of Harwinder Singh and the other respondent was upheld.
Date of Decision: April 26, 2024
State of Punjab vs. Harwinder Singh and Another
