Research › Search › Judgment

Patna High Court · body

2013 DIGILAW 1129 (PAT)

Union of India v. Sharda Prasad Srivastava

2013-09-16

ANJANA PRAKASH

body2013
Anjana Prakash, J. – The Petitioner is aggrieved with the judgment dated 7.8.2001 passed by the 3rd Additional Sessions Judge, Ara, Bhojpur in in Criminal Appeal No.10 of 2001, by which he has set aside the judgment of conviction dated 16.2.2001 passed by the Judicial Magistrate, Railway, Ara in Case No. RPF/Buxar/1(B) of 1988 (Trial No.4 of 2001). 2. The case of the Informant is that a box was recovered from the quarter of the Petitioner in which several chits and sold tickets were found. It transpired that the Petitioner used to be supplied sold tickets by another person, who in turn was supplied these tickets for resale. However, the original supplier was not arrayed as an accused in the present case. 3. From the judgment of appeal, I find that the one of the grounds upon which conviction of the Opposite Parties was based on their own confessional statement, which was disbelieved by the Appellate Court on the ground that they had been obtained forcefully. Moreover, the sanctity of the seizure and search of the box from the house of the Opposite Party No.1 was also seriously doubted. It is for these reasons that the appeal was allowed. 4. I see no reason to disagree with such sound reasoning. 5. Hence, I find no merit in the appeal. The same is dismissed.