Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence - Last seen theory - Reliability of. when - Held: Circumstance of last seen together cannot by itself from the basis of holding the accused guilty of the offence - In a case where the other links have been satisfactorily made out and the circumstances point to the guilt of the accused, the circumstance of last seen together and absence of explanation would provide an additional link which completes the chain - In the absence of proof of other circumstances, the only circumstance of last seen together and absence of satisfactory explanation cannot be made the basis of conviction - On facts, other circumstances not being proved, only two circumstances against the accused that they were last seen together with the deceased and absence of any explanation forthcoming by the accused - Due to lack of chain of circumstances which lead to the only hypothesis of guilt against accused, the E judgment of the High Court convicting the appellants for offences u!ss. 302, 201 r/w s. 34 set aside - Penal Code, 1860 - ss. 302, 201 r/w s. 34. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2017 INSC 467 |
Petitioner | Anjan Kumar Sarma & Ors. |
Respondent | State Of Assam |
SCR | [2017] 3 S.C.R. 991 |
Judgement Date | 2017-05-23 |
Case Number | 560 |
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