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SUPREME COURT OF INDIA
M.N.Venkatachaliah, C.J.I., S.Mohan, A.S.Anand, JJ.
Arvinder Singh Bagga
Versus
State Of U.P.
Case No. : 271 of 1993
Date of Decision : 8/3/93
Advocates Appeared: Pundir A.S. : Sodhi R.S.
(1) WE have heard learned counsel on both sides. At the time the petition was moved, the girl was in police custody. She has since been released. But, we are afraid, this cannot be the end of the matter. The writ petition shall continue as one for qualified habeas corpus for examining the legality of the detention for determining whether the petitioner is entitled to be compensated for the illegal detention as a public law remedy for violation of her fundamental rights under Article 21 of the Constitution, quite apart from criminal or civil liability which may be pursued in the ordinary course.
(2) THE respondents are directed to file a counter-affidavit within two weeks,
(3) AT the request of.Mr R.S. Sodhi. learned counsel for the petitioner, notice against Respondent 3 is discharged.
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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