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Raj Babbar’s 1996 Assault Conviction Stayed by Allahabad High Court

Allahabad High Court Suspends Raj Babbar’s 1996 Conviction Pending Appeal

The Allahabad High Court, on March 29, issued an order to stay the conviction of Bollywood actor and Congress leader Raj Babbar in a case dating back to 1996, involving the assault on a polling officer. This stay will remain in effect until Babbar’s plea to overturn the conviction is decided, as per the bench of Justice Mohammad Faiz Alam Khan.

Babbar had filed a plea under Section 389(2) of the CrPC seeking relief from his conviction, which was handed down by a Lucknow MP/MLA court in July 2022. The case stems from an incident where Babbar, then a candidate for parliamentary elections on a Samajwadi Party ticket in Lucknow, and his supporters allegedly assaulted individuals on duty at a polling place on May 2, 1996, as reported by polling officer Shri Krishna Singh Rana.

Despite Babbar’s conviction by the trial court, his counsel argued before the high court that the investigation was tainted by a false FIR and presented insufficient evidence. They emphasized the testimony of key witnesses, including Rana and Shiv Kumar Singh, who claimed that Babbar was not involved in the alleged assault.

In response, the State Government’s counsel contended that the trial court had met the standard of “proof beyond reasonable doubt” and had not erred in convicting Babbar.

The high court, after considering the testimonies of the key witnesses, noted discrepancies and highlighted that Babbar had intervened to resolve the matter peacefully, rather than instigating violence.

Moreover, the court raised concerns about the trial court’s decision to convict Babbar under Section 143 IPC without framing any charge under Section 149 IPC. It stressed the importance of weighing the evidence presented by the injured parties thoroughly.

Given the urgency shown by Babbar and the court’s assessment of its genuineness, it stayed his conviction pending the resolution of his appeal. The court scheduled the next hearing for May 1, 2024.

The case is titled Raj Babbar v. State of UP.

Download and read the Judgement.

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