Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.302 r/w. s.34, ss.364 and 379 –Conviction based on circumstantial evidence – FIR registered byPW-8 stating that ‘J’ employed as driver in his travel agency alongwith another person took his van and did not return for two days –Next day a body was found in a well which was identified to be of‘J’ – Prosecution case was that A-1 confessed aboutcommitting the crime along with appellants (A-2 and A-3) statingthat they abducted driver and his friend, and caused death bystrangulating them and thereafter drowned their bodies in waterstreams – A-1 also took the investigating officer to the place wherebody of ‘J’s friend was found in a gunny bag – Further, PW-11 hadlast seen the appellants- accused with the deceased – Trial Courtconvicted all the accused persons – Appeals dismissed by the HighCourt – On appeal, held: There was no witness of the occurrence –The pivotal evidence was the testimony of PW-11 who stated to havelast seen the appellants-accused with the deceased – However, thisevidence alone would not discharge the burden of establishing theguil t of accused beyond reasonable doubt and requiredcorroboration – Material objects recovered did not have anybearing on the case i tself and no evidence was adduced orproduced by the prosecution as to how these objects had a bearingon the case – In fact, none of the witnesses had identified the statedbelongings of deceased- ‘J’ – Further, confession of A-1 given tothe police officer while in police custody would be hit by s.26 of theEvidence Act – Hence, in absence of any other material evidenceagainst the appellants-accused, case for interference with order ofconviction is made out – Evidence Act, 1872 – ss.26 and 27.Criminal Law: Circumstantial evidence – Last seen theory –Presumption of guilt – Burden to rebut on accused. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 343 |
Petitioner | Navaneethakrishnan |
Respondent | The State By Inspector Of Police |
SCR | [2018] 6 S.C.R. 749 |
Judgement Date | 2018-04-16 |
Case Number | 1134 |
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