The Division Bench of Justice MD. Shabbar Rashidi and Justice Debangsu Basak of the Calcutta High Court in the case of Jamat Sk Vs The State of West Bengal held that it is a well-settled principle of law that where oral evidence is convincing, reliable and trustworthy, the motive behind the occurrence loses its relevance.
Brief Facts:
The factual matrix of the case is that the daughter of the de facto Complainant was cooking in the kitchen and the Appellant called her and threw acid on her face through the window. Thereafter, a written complaint was filed by the father of the victim and a case under 326A of the Indian Penal Code,1860 was started against the Appellant.
The Appellant was convicted and was sentenced to suffer imprisonment for ten years and to pay a fine of Rs. 10,000/-(Rupees Ten Thousand Only) for the offence punishable under section 326A of the Indian Penal Code,1860. However, the impugned judgement of conviction and order of sentence has been challenged in the present appeal.
Contentions of the Appellant:
It was contended that as the Appellant threw acid using the holes in the wall of the kitchen, then, it was not possible to identify the preparator. It was also contended that the occurrence of the incident took place in the evening and there were houses beside the kitchen, therefore, it was not possible on the part of the victim to identify the Appellant. Furthermore, it was also not proved by the Prosecution that there was sufficient daylight at the time of occurrence.
Contentions of the State:
It was submitted that the Prosecution has proved the present case through ocular evidence together with documentary and other evidence. Therefore, the order does not warrant any interference and the same is liable to be affirmed.
Observations of the Court:
It was observed that it is a well-settled principle of law that where oral evidence is convincing, reliable and trustworthy, the motive behind the occurrence loses its relevance.
The decision of the Court:
The Hon’ble Court held that the impugned judgment of conviction and order of sentence is well founded based on unshaken testimony of ocular as well as documentary evidence and deserved no interference.
Case Title: Jamat Sk Vs The State of West Bengal
Case no: CRA 227 of 2020
Coram: Justice MD. Shabbar Rashidi and Justice Debangsu Basak
Advocate for the Appellant: Mr. Manas Kr. Das, Adv.
Advocate for the State: Mr. Partha Pratim Das, Adv. Ms. Manasi Roy, Adv.
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