Document Fragment View

Matching Fragments

INGREDIENTS OF THE OFFENCE:

11. The accused has been charged for the offences under Section 9B Explosive Act & 286/336 IPC. In order to bring home the guilt of the accused, the prosecution has to prove that the accused did such an act so rash and negligent and to endanger human life or likely to cause hurt or injury to another person or knowingly or negligently ommits to take such order with an explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance and he does such an act so rash and negligent to endanger human life or personal safety of others and the accused has in contravention of rule made under Section 5 of the Explosives Act, 1884 manufactured, imported, exported, possessed, used, sold or transported any explosive. Further, the prosecution has to prove that the accused was not in possession of a valid driving license.

15. To recapitulate the above discussion, to bring home the guilt of the accused, the prosecution was required to prove the ingredients of the offence punishable under section 9B Explosive Act & 286/336 IPC beyond reasonable doubt. There is no evidence to link the accused with the crime charged against him.

16. Resultantly, the accused, Ravi Kumar is hereby found not guilty and is hereby acquitted of the offence under Section 9B Explosive Act & 286/336 IPC.

Announced in the open court on 09.01.2025 in the presence of the accused.