CRMP/3776/2025 of CHARNO RAM Vs STATE OF HP on 24 September 2026

Charno Ram Vs. State of H.P. Cr. Appeal (C-DB) No. 8 of 2025 24.09.2026 Present: Mr. Ajay Sipahiya, Mr. Prashant Sharma and Mr. Tarun Mehta, Advocates, for the appellant. Mr. I.N. Mehta Senior Additional Advocate General, for the respondent-State. Cr.MP No.3776 of 2025 Learned counsel for the appellant/applicant submits that there is a fair chance of acquittal in the present case on the ground that independent witnesses PW-3 Suresh Kumar and PW-14 Randhir Singh have been declared hostile and PW-1 HHC Rajinder Singh official witness has also been declared hostile and there is no proof of conscious possession of the applicant of the contraband alleged to be recovered from the applicant. On perusal of the statement of PW-1, it is apparent that he has been declared hostile on a short point, as he had stated that HC Ankush did not remain on the spot when rukka was brought to the Police Station and before declaring hostile, he was fully supported the prosecution case and even after declaring hostile, he has clarified and deposed in favour of the prosecution and in cross-examination by the defence counsel, nothing material could be elucidated against the case of the prosecution.

So far as statements of PW-3 Suresh Kumar and PW-14 Randhir Singh are concerned, on material particulars they have supported the prosecution case. They have admitted their presence along with motorcycle on the spot at relevant point of time as well as presence of the Police Party and also the applicant/appellant/accused. In the aforesaid facts, the mere fact that the independent witnesses were declared hostile and one police official was also declared hostile, cannot be a ground for fair chance of acquittal as there is sufficient evidence, which has been duly corroborated by the witnesses, including the witnesses who were declared hostile during the trial and therefore, prima facie, it cannot be said that there is a fair chance of acquittal of the accused. Recovery of 1.104 Kgs of Charas from possession of applicant has been duly corroborated by PW-1 HHC Rajinder Singh, PW-2 ASI Ghanshyam and PW-12 HC Ankush Pathania. Even PW-14 Randhir Singh has admitted that on weighing, Charas was found 1.104 Kgs, and proceeding carried out by Police on the spot were photographed and his statement Ex.P55/PW-14 was also recorded on the spot by the Police. PW-14 has also admitted his signatures on seizure memo and other documents. He has also identified the spot and proceedings in photographs. No other point has been urged. Accordingly, we do not find any merit in the application at this stage and the same is dismissed. (Vivek Singh Thakur) Judge 24th September, 2026 (Kiran) (Bhupesh Sharma) Judge