The Weekly Obiter

CONVICTION BASED ON FAIR APPRECIATION OF ENTIRE EVIDENCE: DELHI HIGH COURT: OCTOBER 27, 2017

November 14, 2017

The Hon’ble Delhi High Court in the matter bearing Criminal Appeal No. 190/2014 titled as Balram Versus State NCT of Delhi dealt with an appeal under Section 374 of The Code of Criminal Procedure, 1973, (hereinafter referred as 'Cr.P.C.') assailing the impugned judgment dated 07.12.2013 and order on sentence dated 16.12.2013 passed by Ld. Additional Session Judge, Dwarka Court, New Delhi, whereby the appellant was convicted under Section 376 of The Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and was awarded rigorous imprisonment for ten years along with a fine of Rs.30,000, and in default, to further undergo one year simple imprisonment. The Hon’ble Court while dismissing the appeal, observed that, as per the facts and circumstances of the present case, there is a direct link of the appellant/accused with the commission of the crime. Such conclusion can well be established by the statement of the witnesses and other evidence placed on record. Therefore, conviction based upon fair appreciation of entire evidence deserves no intervention. The Hon’ble Court held that since the punishment is in accord with the punishment prescribed for the offence under Section 376 IPC, the appellant deserves to undergo the remaining part of the sentence as awarded by the Additional Sessions Judge. 

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