Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence: Circumstantial Evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence: Circumstantial Evidence – Appreciation of – Allegation that the appellants along with three others in furtherance of the conspiracy, committed dacoity of a car, murdered its driver and buried the dead body in a pit, and also sold the car and shared the sale proceeds – Conviction of all of them for offences u/ss. 120(B), 147, 364, 302 r/w s.120(B)/149, 201 and 396 IPC and sentenced accordingly by the courts below – Held: Entire prosecution case rested on the circumstantial evidence – Extra judicial confession of one of the accused not duly proved by the prosecution; that last seen theory on the basis of the evidence of PW6 and PW7 cannot be applied as their statement was recorded 6 months after the alleged incident; that in view of the huge time gap, the TIP ought to have assisted the police to identify the accused, however, no TIP was held; that failure to explain as to under what circumstances the victim suffered the death by the accused u/s 313 CrPC; and that the skeletal remains were found after almost 5 months from the date of incident and it was identified by the skull-superimposition test which cannot be regarded as infallible – Thus, failure of the prosecution to establish through clinching, clear, cogent and consistent evidence, the chain of events, on the basis of which the guilt of the appellantsaccused could be established – Courts below erred in accepting the case of prosecution and convicting them for the alleged crime – Thus, the order of conviction and sentence by the courts below set aside – Penal Code, 1860 – ss.120(B), 147, 364, 302 r/w s.120(B)/ 149, 201 and 396 – Extra judicial confession – Last seen theory. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2022 INSC 1157 |
Petitioner | S. Kaleeswaran |
Respondent | State By The Inspector Of Police Pollachi Town East Police Station, Coimbatore District, Tamil Nadu |
SCR | [2022] 10 S.C.R. 38 |
Judgement Date | 2022-11-03 |
Case Number | 160 |
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