Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- ss. 302 and 201 - Prosecution under - Based on circumstantial evidence - Conviction by courts C below-Evidence - Circumstantial evidence - 'Last seen theory' - Applicability of-Constitution of India 1950-Art. 136 - Jurisdiction under Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860- ss. 302 and 201 - Prosecution under- Based on circumstantial evidence - Conviction by courts below - On appeal, held: For establishing the guilt on thebasis of circumstantial evidence, the circumstances must befirmly established and the chain of circumstances must becomplete from the facts - There are many loopholes in theprosecution case - In the facts of the case, chain of circumstances were not complete so as to point only to theguilt of the accused and no other inference :- If more thanone inferences can be drawn, then the accused must havethe benefit of doubt - Therefore, conviction of appellants- accused cannot be sustained - Evidence - CircumstantialEvidence.Evidence - Circumstantial evidence - 'Last seen theory'- Applicability of - Held: The theory should be applied bytaking the prosecution case, in its entirety keeping in mind the circumstances that precede and follow the point of beingso last seen - Only if the prosecution proves that thedeceased was last seen alive in the company of accused,an inference can be drawn against the accused and only thenonus can be 'shifted on accused u/s. 106 of Evidence Act- It is not prudent to base the conviction solely on 'last seentheory' - Where the time gap between the deceased last seenand the recovery of his body is long, it would be unsafe tobase the conviction without looking for corroboration from anyother circumstances and evidence -- Evidence Act, 1872 -s.106. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 640 |
Petitioner | Nizam & Anr. |
Respondent | State Of Rajasthan |
SCR | [2015] 10 S.C.R. 786 |
Judgement Date | 2015-09-04 |
Case Number | 413 |
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