Indian Penal Code, 1860
Section 328—Causing hurt by means of poison, etc., with intent to commit an offence—Proof—Appellant alleged to administered certain stupefying drug to the complainant by mixing the same in juice and stole his car—No medical evidence to prove that complainant was administered any stupefying, intoxicating  or unwholesome drug—Statements of wife and mother of complainant were not recorded who had allegedly found the complainant vomiting outside the house at Ballabhgarh—Concerned doctor was not examined who had medically examined the complainant in Ballabhgarh as he was taken to the hospital for treatment since he was vomiting and he had thought that he had been administered some stupefying substance—Statement of owner of juice shop was also not recorded—It is also not proved as to how the complainant reached his house at Ballabhgarh from Delhi in state of unconsciousness—Case against appellant cannot be said to have been proven beyond reasonable doubt—Essential ingredients to prove commission of offence under Section 328 IPC were glaringly missing in the present case—Conviction set aside.
[Paras 23 to 25]