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Conviction for Murder Upheld Based on Last Seen Evidence: High Court of Delhi - 2025-02-20

Subject : Criminal Law - Murder

Conviction for Murder Upheld Based on Last Seen Evidence: High Court of Delhi

Supreme Today News Desk

High Court of Delhi Upholds Murder Conviction of Vijay Singh

Overview of the Case

On February 19, 2025, the High Court of Delhi upheld the conviction of Vijay Singh , also known as Vijay Pehlwan , for the murder of Raghuvir Singh . The judgment was delivered by Justices Prathiba M. Singh and Dharmesh Sharma , affirming the earlier ruling of the Additional Sessions Judge at South Saket Court, which had sentenced Singh to life imprisonment.

Background

The case stems from an incident on May 26, 2011, when Raghuvir Singh was reported missing after being seen leaving his home with Vijay Singh . The prosecution argued that Singh , along with co-accused Vikram , had abducted and subsequently murdered Singh over a property dispute. The body of Raghuvir Singh was discovered later that day, leading to the arrest of both accused.

Arguments Presented

Prosecution's Case

The prosecution presented a strong case based on the "last seen" principle, asserting that Raghuvir Singh was last seen alive in the company of Vijay Singh and Vikram . Key evidence included: - Testimonies from Raghuvir's wife and son, who identified Singh as the last person seen with the victim. - Mobile call records indicating communication between the accused around the time of the incident. - The recovery of a firearm and the victim's belongings from Singh 's residence.

Defense's Counterarguments

The defense argued that the evidence was circumstantial and that there was no direct proof linking Singh to the murder. They highlighted discrepancies in witness testimonies, particularly regarding the color of the vehicle used during the abduction. The defense also claimed that the prosecution's reliance on mobile call records was flawed due to the lack of a Section 65B certificate.

Legal Precedents and Principles

The court referenced established legal principles regarding circumstantial evidence, particularly the "last seen" doctrine. Citing cases such as Paramasivam v. State and Sucha Singh v. State of Punjab , the court emphasized that when an accused is last seen with the victim shortly before their death, the burden shifts to the accused to explain their whereabouts.

Court's Reasoning

The court found the testimonies of the prosecution witnesses credible and consistent. It noted that the timeline of events, including the quick recovery of the victim's body and the established motive related to property disputes, formed a compelling narrative against Singh . The court also dismissed the defense's claims of a false alibi, stating that Singh 's failure to provide a clear account of his actions during the critical time frame further implicated him.

Conclusion

The High Court's decision to uphold the conviction reinforces the importance of the "last seen" principle in murder cases. The ruling serves as a significant precedent in criminal law, particularly in cases relying on circumstantial evidence. The court's affirmation of the life sentence reflects a commitment to justice for victims of violent crime.

This judgment not only impacts the parties involved but also sets a legal standard for future cases involving similar circumstances.

#MurderConviction #DelhiHighCourt #LegalPrecedent #DelhiHighCourt

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