The bench presided by Justice Vibhu Bakhru passed a judgment on 06th January 2020 in the case titled as Shashi @ Sachin v. State.
The facts of the cases were that the appellant was charged with the offence of attempting to commit robbery with a deadly weapon and inflicting injuries on two persons.
The appellant had filed the appeal against impugned judgment wherein appellant convicted for offences under Sections 394,398,307 of the Indian Penal Code, 1860 and Sections 25, 27 of the Arms Act, 1959.
The Trial Court found that the testimony of complainant was consistent with reference to the fact that the appellant had inflicted injuries on them. Further, the medical evidence brought on record clearly substantiated that injuries had been sustained. The expert witness also opined that the said injuries could not be self-inflicted. The Court found that the appellant had failed to prove that he had been falsely implicated.
The complainant did not know the appellant and therefore, has no motive to falsely implicate the appellant and let the actual accused go free. Based on the testimony, the identification of the appellant and the medical evidence obtained in the case the Trial Court had held that the appellant was guilty of charges framed against him.
The Delhi High Court held that, “There are certain inconsistencies in the testimony of prosecution witness and his statement recorded earlier and two of the prosecution’s witnesses have not supported their case. There is sufficient evidence to establish, beyond a reasonable doubt that the accused had committed the offence for which he has been convicted.”
Read the Judgement:
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