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State vs (1) Vikas Pandit @ Vikas Kaushik on 22 October, 2013

In another case titled State of UP vs. Shri Krishan AIR 2005 SC 762, the Hon'ble Supreme Court has upheld the acquittal of accused persons while observing that eye witnesses of the incident have turned hostile and it was not a case to interfere with an order of acquittal. The ratio of above authorities is squarely applicable to the facts of the present case inasmuch as the testimony of all the alleged eye witnesses i.e. SC No.27/2012 State Vs. Vikas Pandit etc. Page 19 of 21 including the complainant is neither reliable nor trustworthy. 36 Thus, the prosecution has failed to establish the identity of accused Meghraj beyond reasonable doubt being the perpetrator of crime of the present case.
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State vs (1)Mahesh Verma on 17 January, 2014

In another case titled State of UP vs. Shri Krishan AIR 2005 SC 762, the Hon'ble Supreme Court has upheld the acquittal of accused persons while observing that eye witnesses of the incident have turned hostile and it was not a case to interfere with an order of acquittal. The ratio of above authorities is squarely applicable to the facts of the present case as all the eye witnesses have turned hostile and have not deposed SC No.83/2006 State Vs. Mahesh Verma etc. Page 29 of 34 anything against the accused.
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State vs (1) Irfan @ Kabir on 11 March, 2013

24 In the present case also, the complainant Jitender Yadav (PW7) has not supported the case of prosecution. Although as per his testimony it stands established that the robbery had taken place with him on the day of incident, but he had not identified accused persons Irfan @ Kabir and Babu as the robbers. He has not identified accused persons as the robbers who robbed the money and mobile phone from him on the day of incident. Therefore, the ratio of judgments in Shri Kishan's case (supra) and case of Chellappan Mohandas' case (supra) is squarely applicable to the facts and circumstances of the present case inasmuch as the eye witness i.e. the victim/complainant has turned hostile and has not supported the case of the prosecution on even a single count.
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State vs (1)Sonu Nagar on 12 September, 2014

In another case titled State of UP vs. Shri Krishan AIR 2005 SC 762, the Hon'ble Supreme Court has upheld the acquittal of accused persons while observing that eye witnesses of the incident have turned hostile and it was not a case to interfere with an order of acquittal. The ratio of above authorities is squarely applicable to the facts of the present case as the identity of both the accused being robbers has not been established beyond reasonable doubt.
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State vs (1) Irfan @ Lalla Bhai on 16 February, 2012

18 Though in his examination in chief, injured Imran has stated that accused persons had given him beatings but in his cross examination by Ld. Counsel for the accused persons, he came out with a new plea altogether that on the day of incident in the noon time he along with two other persons was at the house of accused Iran and Sonu and some hot words were exchanged between them and thereafter they started running from there and his leg got stuck with SC No 20/2011 State Vs. Irfan@ Lalla Bhai etc Page 12 of 20 legs of his associates as a result of which he fell down and sustained injuries on his head. He has completely denied if accused persons had threatened him at any point of time or had given him beating. He has also stated that he was told by someone that accused Sonu had inflicted injuries to him with Palta. He has also stated that he did not know as to what was written in his statement allegedly recorded by the police. He has also stated that police had not read out his statement to him. Therefore, in his cross examination, he has completely demolished the case of the prosecution. Therefore, on the basis of this testimony of the injured, it is not safe to come to the conclusion that injuries were caused to the injured by accused persons. 17 In State of UP vs. Shri Krishan AIR 2005 SC 762, upheld the acquittal of accused persons while observing that eye witnesses of the incident did not support the case of the prosecution, acquittal of accused persons was held to be proper.
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State vs (1)Mahesh Verma on 12 September, 2012

In another case SC No.83/2006 State Vs. Mahesh Verma etc. Page 30 of 39 titled State of UP vs. Shri Krishan AIR 2005 SC 762, the Hon'ble Supreme Court has upheld the acquittal of accused persons while observing that eye witnesses of the incident have turned hostile and it was not a case to interfere with an order of acquittal. The ratio of above authorities is squarely applicable to the facts of the present case as all the eye witnesses have turned hostile and have not deposed anything against the accused persons.
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State vs (1)Devender S/O Sh. Sher Singh on 16 October, 2012

In another case titled State of UP vs. Shri Krishan AIR 2005 SC 762, the Hon'ble Supreme Court has upheld the acquittal of accused persons while observing that eye witnesses of the incident have turned hostile and it was not a case to interfere with an order of acquittal. The ratio of above authorities is squarely applicable to the facts of the present case as both the eye witnesses have turned hostile and have not SC No.19/2012 State Vs. Devender etc. Page 31 of 34 deposed anything against the accused persons.
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Sc No.46/15 State vs . Dilshad Etc. Page No. 1/23 on 30 August, 2016

In   the   Judgment   reported   in   case   titled  State   of Uttar Pradesh Vs. Krishan AIR 2005 SC 1250, the Hon'ble Supreme   Court has made the observation that the court will be failing in its duty if appropriate punishment is not awarded for   crime   which   has   been   committed   not   only   against   the individual   victim   but   also   against   the   society   to   which   the criminal and the victim belong.   The court observed that the punishment to be awarded for crime was not be irrelevant but it   should   conform   to   and   consistent   with   the   atrocity   and brutality with which the crime has been perpetrated.
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