Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conviction under Evidence Act last seen together IPC s. 106 s.302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s. 302 – Conviction under – Evidence Act 1872 – s. 106 – Prosecution case is that petitioner-accused had taken victim-deceased – Thereafter the very next day, victim was found lying dead on road – Petitioner convicted u/s. 302 IPC – High Court confirmed the conviction – On appeal, held: The time gap between the period when the deceased was last seen with the accused and the recovery of the corpse of the deceased being quite proximate, the non-explanation of the petitioner with regard to the circumstance under which and when the petitioner had departed the company of the deceased was a very crucial circumstance proved against him – Having regard to the oral evidence of the witnesses, the enmity between the deceased and the petitioner had also surfaced – The corroborative evidence with regard to recovery of the weapon-axe alleged to have been used in the commission of crime from the petitioner, also substantiated the case of prosecution. Evidence Act, 1872 – s. 106 and ‘last seen together’ – Once the theory of “last seen together” was established by the prosecution, the accused was expected to offer some explanation as to when and under what circumstances he had parted the company of the deceased – It is true that the burden to prove the guilt of the accused is always on the prosecution, however in view of Section 106 of the Evidence Act, when any fact is within the knowledge of any person, the burden of proving that fact is upon him – If the accused does not throw any light upon the facts which are proved to be within his special knowledge, in view of Section 106 of the Evidence Act, such failure on the part of the accused may be used against the accused as it may provide an additional link in the chain of circumstances required to be proved against him. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 133 |
Petitioner | Ram Gopal S/o Mansharam |
Respondent | State Of Madhya Pradesh |
SCR | [2023] 2 S.C.R. 402 |
Judgement Date | 2023-02-17 |
Case Number | 9221 |
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