At the time of alleged incident, she was
State Vs. Ram SagarFIR no. 84/12 Page No.11 of 28
returning her home after purchasing the articles. She admitted that
there was many customers at the shop. Accused had met her at the
shop. He had taken her from the shop forcibly. She did not raise
noise when the accused was taking her Vol. Becuase he had given
threat to her. She denied the suggestion that she had gone with the
accused on her free will and due to this reason she did not raise any
noise. Accused had taken her in a bus. The bus stop was at the
walking distance of about 30 minutes from the shop. They went on
foot. The accused was caught holding her hand while going to the
bus stop. She admitted that many public persons passed through near
them while going to the bus stop. There were 23 passengers in the
bus. She denied the suggestion that she is aged about 19 years. She
denied that she had love affair with accused and had gone with him
voluntarily. She denied the suggestion that she is deposing under the
pressure of her mother as she was not liking the affair.
In the present case, in view of the above stated discussions, it
can be held that the prosecution has failed to prove its case beyond
State Vs. Ram SagarFIR No.176 of 2019, PS Dabri Page No. 9 of 10
reasonable doubt. The evidence coming on record entitles the
accused to be acquitted in the present case. Therefore, accused
namely Ram Sagar is hereby acquitted from the offence punishable
under Section 3 of DPDP Act.
In view of aforesaid observations, the recovery of the stolen vehicles has
FIR No. 515/04 Page No. 6 of 7State Vs. Yad Ram
not been conclusively proved by the prosecution. Accordingly, benefit of doubt is given
to the accused and he is acquitted for the offence U/s 411 IPC charged against him.
25. The credibility of a dying declaration recorded by the Magistrate has also come up for
consideration in several cases and it has been held that a Magistrate being an uninterested
witness and a respected officer and there being no circumstances or material to suspect that
he would have any animus against the accused or would in any way be interested for
fabricating a dying declaration, such a declaration recorded by the Magistrate, ought not be
doubted. Absence of corroborative evidence for convicting an accused based on a dying
declaration has been a matter of discussion in several cases [Ref.: Munnu Raja (supra),
Paniben (Smt.) (supra), Ram Sagar Yadav (supra), Ramawati Devi (supra) and Veerpal
(supra)].
9. The Investigating Officer thereafter collected the relevant material and after recording the statement of the witnesses and concluding the investigation, submitted charge-sheet against the accused persons, which has been proved and marked as Exhibit Ka-10. On submission of the said charge-sheet, learned Magistrate had taken cognizance, however, since the case was exclusively triable by the court of Sessions, committed the case to the court of Sessions, where it was registered as Sessions Trial No. 291 of 1983 (State of U.P. Vs. Yad Ram and 3 Others).