Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - s.302 rlw s.34 and s.201 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - s.302 rlw s.34 and s.201 - Murder of appellants husband - Death allegedly caused by strangulation with a saree - Circumstantial evidence - Extra-judicial confession - Conviction of appellant and her father by trial court - High Court affirmed the conviction of appellant but acquitted her father extending him benefit of doubt - Extra-judicial confession allegedly made by appellant to PW4 - Recovery of a motor bike (moped) and nylon saree (allegedly used in the offence) - On appeal, held:ยท In cases based upon circumstantial evidence the chain of circumstances should be complete to fasten the guilt on the accused ..., However, prosecution failed to complete the chain of circumstances and to prove commission of offence by the appellant beyond periphery of doubt - As regards extra-judicial confession, which is a weak kind of evidence, it is most unlikely that the appellant would have made confession to an inimical person like PW-./, with whom she did not share a good relationship - Same does not inspire confidence in absence of corroboration - Recovery evidence not proved to be related to commission of offence - Appellant entitled to benefit of doubt and thus acquitted - Evidence- Circumstantial evidence. Evidence - Confession - Extra-judicial confession ~ Appreciation of - Held: It is a weak piece of evidence - Before acting upon it, the Court must ensure that the same inspires confidence and is corroborated by other prosecution evidence - Confession made to an inimical person in absence of corroboration with other evidence on record, not .wife to act upon in the facts and circumstances of the present case |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2016 INSC 615 |
Petitioner | DELHI AGRJCULTURAL MARKETING BOARD |
Respondent | HAKUMAT RAI |
SCR | [2016] 3 S.C.R. 790 |
Judgement Date | 2016-08-24 |
Case Number | 8267 |
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