Kunal Kishor Sharma vs The State Of Jharkhand
2021 Latest Caselaw 46 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                      Criminal Revision No.981 of 2013

              Kunal Kishor Sharma                      ...     ...     Petitioner
                                       Versus
              The State of Jharkhand                 ......      Opp. Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. L.K. Tiwari, Adv. For the State : Mr. Suraj Verma, Adv.

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Through Video Conferencing

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11/05.01.2021 Heard Mr. L.K. Tiwari, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Suraj Verma, learned counsel appearing on behalf of the State.

3. Learned counsel for the petitioner has submitted that the impugned judgments are perverse and the petitioner has been wrongly convicted. He has submitted that there is no evidence to show that the petitioner had arrived at the spot and in fact the petitioner was never arrested from the spot. He submits that there is a missing link. Without prejudice to the aforesaid submission, learned counsel submits that the petitioner has remained in custody for a long time and accordingly, some sympathetic view may be taken and the sentence of the petitioner be confined to the period already undergone in custody.

4. Learned counsel for the opposite party, on the other hand, submits that there are concurrent findings recorded by the learned courts below and there is enough evidence including the evidence of the victim who has made direct allegation against the petitioner. He has also submitted that there is no scope for re-appreciation of evidence at the revisional stage and coming to a different finding. He further submits that considering the seriousness of the offence, no sympathetic view may be taken in the matter so far as the sentence is concerned.

5. Arguments concluded.

6. Post this case on 13.01.2021 for judgment.

(Anubha Rawat Choudhary, J.) Saurav/