Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 302 and 201 - Murder and causing disappearance of evidence of offence - Prosecution case that before committing murder, the appellant tried to commit rape and on being resisted by the victim 1, the appellant assaulted her on her head with spade and murdered and buried her in the graveyard - Conviction and sentence u/ss. 302 and 201 by the courts below - On appeal, held: Circumstances have not been established - Courts below convicted the appellant on a mere superfluous approach without in depth analysis of the relevant facts - No evidence that the victim and the appellant were seen together at the place of occurrence or nearby the same in close proximity of time - Theory of extra-judicial confession revealed by the maternal uncle of the victim not corroborated from the statement of PW 13 or any other independent witness or police personnel - No evidence of sexual assault on victim- Mere abscondance of the appellant cannot be taken as a circumstance giving rise to adverse inference against him -Also, spade recovered by Investigating Officer not sent for chemical analysis - Thus, appellant given benefit of doubt and acquitted of the charges of offences punishable u/ss. 302 and 201. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 415 |
Petitioner | Sk. Yusuf |
Respondent | State Of West Bengal |
SCR | [2011] 8 S.C.R. 83 |
Judgement Date | 2011-06-14 |
Case Number | 831 |
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