Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 r/w 120B and 364 – Murder and kidnapping Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code,1860: ss. 302 r/w 120B and 364 – Murder and kidnapping – Kidnapping and murder of two minor children – Conviction of the main accused and other co-accused including the mother of the children and imposed death sentence for offence punishable u/s. 302 r/w 120B and ten years rigorous imprisonment for offence punishable u/s. 364 – However, the High Court acquitted the co-accused and sentenced the main accused to rigorous imprisonment for 20 years – On appeal, held – When conviction is based solely on circumstantial evidence, it is imperative that the chain of circumstances is complete, cogent and coherent in order to sustain a conviction – Circumstantial evidence against the main accused does not conclusively establish his guilt in committing the murder of the children – Motive, last seen theory, the arrest of the accused, the recovery of material objects and the call details produced, do not conclusively complete the chain of evidence – Inconsistencies and contractions are found in the evidences given against the main accused – Fact that he committed the murder of the children not established – Thus, the conviction of main accused solely on circumstantial evidence not possible and is set aside – Evidence. Evidence Act, 1872: s. 65B(4) – Certification of electronic evidence – Requirement of – Held: Oral Evidence in place of such certificate cannot suffice as s.65B(4) is a mandatory requirement of the Law. Evidence: Circumstantial evidence – Conviction on basis of – When – Held: Inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused – Circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. |
Judge | Hon'ble Mr. Justice Vineet Saran |
Neutral Citation | 2022 INSC 505 |
Petitioner | Ravinder Singh @ Kaku |
Respondent | State Of Punjab |
SCR | [2022] 4 S.C.R. 589 |
Judgement Date | 2022-05-04 |
Case Number | 1307 |
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