Details - Dhemaji District Judiciary

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occurred. In the present case, I have not found any Sketch map and the
prosecution side had also not exhibited the same as to show how exactly at
what place the incident took place.
15) It is the duty of the prosecution to prove its case beyond all shadow
of doubts against the accused. It is a cardinal rule of a criminal case for
reaching out to the conviction of a guilty person.
In the present case, the prosecution cannot claim a conviction
based upon the testimony of the complainant/PW2. He has exaggerated in
the prosecution case. The PW5 is the formal witness only and others had
not witnessed the accident at all. I have not found any substantial evidence
and corroborative evidence which shows that the accused was driving
rashly and negligently. The prosecution has totally failed to establish its
case against the accused person.
16) In the light of the above discussed noticeable facts, evidences of the
case; I am of the opinion that the prosecution has miserably failed to
establish its case against the accused. Consequently, the accused
person/Md. Karim Ali is acquitted from the charges of the case. His bail
bond surety is cancelled forthwith hereof.
The accused person is set-free.
17) The I/O is directed to hand over the seizure article(s) and original
document(s) to its owner(s) in due course of time as per law.
18) The Judgment signed, sealed and delivered in the open court in
presence of the accused and the Ld. Addl. P. P. on 11-05-2012.
19) The case is disposed off accordingly on contest.
(A. K. Basumatary, AJS)
JMFC, Dhemaji.
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