25
any time. Ms. Pratibha, Junior clerk working in Road Transport Office of
District Firozabad was examined as DW2 who stated that as per official
record, the owner of Tavera vehicle bearing No.UP83J7948, at the time the
incident had occurred, was one Sunil Kumar s/o Om Prakash Aggarwal.
18.
The Trial Court by its judgment dated 06.07.2015 accepted the case
of prosecution against all six accused in so far as the offence punishable
under Section 396 of the IPC was concerned. It, however, acquitted all the
accused of the other offences with which they were charged. It was
observed that no disclosure statement of the accused Hari Om in relation to
recovery of knife was recorded, and as such the requirement of Section 27
of the Indian Evidence Act (“the Act”, for short) were not satisfied,
however, the recovery could still be admissible under Section 8 of the Act.
It was also observed that there were certain omissions in the statement of
Ujjawal recorded during investigation which were brought out in his cross
examination, but those omissions were not enough to reject his evidence.
By its order dated 13.07.015, sentences as quoted in paragraph 1
hereinabove were imposed by the Trial Court.
19.
All six convicted accused preferred criminal appeals as stated
earlier challenging their convictions and sentences and so also Reference
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents