PROMODE DEY versus STATE OF WEST BENGAL

The conviction of the appellant is sustained on the basis of the consistent, credible testimony of the child witness (PW-2), corroborated by PW-1, PW-8, PW-11, and the recovery of the blood-stained 'daa' at the appellant's instance. The evidence establishes guilt beyond reasonable doubt, and non-examination of certain witnesses or absence of the FSL report does not undermine the prosecution's case.

Parties: Appellant: Promode Dey; Respondent: State of West Bengal
Jurisdiction: India
Judgment Date: 22 March 2012
Procedural Posture: Criminal Appeal / Judgment on Appeal Under Article 136 of the Constitution of India
Outcome: Appeal dismissed. Conviction and sentence of life imprisonment sustained.
Legal Topics: Murder, Child Witness, Conviction by Eyewitness Testimony

Criminal Law Murder Child Witness Conviction by Eyewitness Testimony

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Promode Dey

Appellant

State of West Bengal

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Under Article 136 of the Constitution of India

Legal Issues

1 Whether conviction based on the sole testimony of a child witness is safe
2 Whether prosecution proved guilt of the appellant beyond reasonable doubt

Ratio Decidendi

Court Disposition

Appeal dismissed. Conviction and sentence of life imprisonment sustained.

Orders

High Court judgment sustained. Appellant's conviction under Section 302 IPC and sentence of life imprisonment affirmed.