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Home Criminal

Acquittal in Robbery Case: Doubtful Recovery of Pistol and Discrepancies in FIR [2023 SCeJ 0203]

by PLRonline
April 9, 2023
in Criminal
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Anwar @ Bhugra v. State of Haryana, 2023 SCeJ 0203

Indian Penal Code, 1860 (45 of 1860), S. 394, S. 397 – Arms Act S. 25 – Robbery – Acquittal –  Appellant was allegedly carrying a pistol – Recovery of the pistol is doubtful as the memo of his personal search states that nothing was recovered from him, but the memo of possession of the pistol states that from the left side pocket of his pyjama country-made pistol was recovered  – Two witnesses,  did not support the prosecution’s version, and the presence of the appellant at the scene of crime is highly doubtful –  There are major discrepancies between the FIR and the evidence of the complainant – Material witness, was not produced by the prosecution – Order set aside – Acquitted.

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Tags: 2023 SCeJ 0203Abhay S. Oka J.Arms Act S. 25ArrestBailCriminal Trial - AcquittaldefEvidenceFIRGmJudgmentRajesh Bindal J.S. 394S. 397SentenceWill
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