Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | benefit of doubt acquitted circumstances were not sufficiently established s.3 read with s.25 s.37(1) r/w. s.135 IPC ss.302 and 39 Arms Act Bombay Police Act kidnapped for ransome |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Bombay Police Act, 1951 (22 of 1951) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss.302 and 392 – Bombay Police Act – s.37(1) r/w. s.135 – Arms Act – s.3 read with s.25 – Prosecution case that four persons including accused Nos.1 & 2 kidnapped a boy and called for a ransom – Police raided a building and apprehended four persons including the accused persons – During the personal search of Appellant-accused No.1, a pistol, 2 live cartridges and two cell phones were recovered – Pistol recovered from accused No.1 was a service weapon which was entrusted to PW-11 - Police Naik, which was earlier snatched from him by unknown persons in a separate incident – Cartridges recovered from the accused No.1 was test fired by the forensic analyst from the same pistol – The features of the firing pin impression on the cartridge tallied with from a bullet recovered from body of a deceased ‘B’ in a different incident – When the body of ‘B’ was recovered, it was alleged that his two mobile phones were robbed – Further, it was alleged that ransom call in the kidnapping case was made by accused persons from the mobile number of deceased ‘B’ – Accused no.1 & 2 were tried for murder of ‘B’ and other offences u/ss.302, 392 r/w. s.34 of IPC, s.37(1) r/w. s.135 of the Bombay Police Act and s.3 read with s.25 of the Arms Act – Trial court convicted accused no.1 & 2 – High Court acquitted accused no.2 u/s. 302, 392 of IPC – Aggrieved, appellant-accused no.1 filed appeal – Held: It is a settled principle that circumstances relied upon must rule out every single hypothesis except the guilt of the person accused of an offence – The first circumstance regarding mobile phone was not proved – The mobile number was not subscribed by deceased ‘B’ but was subscribed by one ‘S’ and there was no link between the two – The second circumstance was regarding bullet recovered from the body of the deceased – It is true that bullet recovered from the body of ‘B’ matched with the service weapon which was allocated to PW-11-Police Naik but theory that the weapon was snatched by accused was not proved – No Test Identification of accused persons was held – Both circumstances were not sufficiently established against the accused – There were too many missing links and the material on record does not exclude every single hypothesis except the guilt of the man – Therefore, benefit of doubt given to the appellant – Appellant-accused no.1 acquitted of the charges levelled against him |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 396 |
Petitioner | Pavan Vasudeo Sharma |
Respondent | State Of Maharashtra Through Secretary |
SCR | [2019] 5 S.C.R. 11 |
Judgement Date | 2019-03-25 |
Case Number | 519 |
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