Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence: Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence: Circumstantial evidence – Links in the chain ofcircumstances – Determination of – Prosecution case that wife killedher husband on basis of the last seen theory and the unnaturalconduct of wife – Conviction u/s 302 IPC by the courts below – Onappeal, held: In view of the nature of evidence available coupledwith the manner of its consideration, the links in the chain ofcircumstances in a case of circumstantial evidence not establishedto prove that the appellant was the assailant of the deceased –Possibility that the occurrence may have taken place in some othermanner cannot be completely ruled out – Furthermore, neither trialcourt nor the High Court considered it necessary to take notice ofthe defence by the appellant u/s.313 – Complete non-considerationthereof has clearly caused prejudice to the appellant – Thus, theappellant entitled to acquittal on the benefit of doubt.Circumstantial evidence – Essentials of – Explained.Code of Criminal Procedure, 1973: s. 313 – Power to examinethe accused – Scope and significance of – Explained. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2018 INSC 1029 |
Petitioner | Reena Hazarika |
Respondent | State Of Assam |
SCR | [2018] 13 S.C.R. 1108 |
Judgement Date | 2018-10-31 |
Case Number | 1330 |
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