Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rape murder Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss.376, 302 and 21 — Rape and murder — Charges of - Circumstantial evidence — Conviction by trial court and sentence of death — Set aside by High Court — Held: High Court has rightly held that the evidence led by the prosecution does not establish a complete chain of circumstances to connect the accused with the murder of deceased — There are significant defects and shortcomings in the investigation; witnesses have come out with contradictory versions; and have made significant improvements in their versions in their depositions in the court — In a case of circumstantial evidence, it would be unwise to record conviction on the basis of such a scanty, weak and incomplete evidence — As the prosecution has not been able to prove the charges beyond reasonable doubt, High Court has rightly set aside the judgment of the trial court. s.376 — Rape — Victim, a 7 year old girl - Death of - Held: There was no direct evidence and High Court has rightly recorded a finding that on the basis of medical evidence offence of rape was not proved by prosecution beyond reasonable doubt.Evidence: Circumstantial evidence — Last seen theory — Held: This is one of the major circumstances pressed by prosecution —High Court has rightly found certain inherent contradictions in the deposition of witnesses as regards the prosecution case that deceased was last seen with accused — Investigation has also not been carried properly and does not inspire confidence - Investigation. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 20 |
Petitioner | State Of Gujarat |
Respondent | Ratansingh @ Chinubhal Anopsinh Chauhan |
SCR | [2014] 1 S.C.R. 397 |
Judgement Date | 2014-01-10 |
Case Number | 403 |
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