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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Sanjay – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
SANJAY KAROL, J.
1. The present appeal arises from the final judgment and order dated 26th July, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.4911 of 2004 & Reference No.15, which confirmed the judgment and order dated 21st September, 2004 passed by the Additional Sessions Judge, Fast Track Court No.16, Bulandshahar, in Sessions Case No.306/2004 whereby the accused-appellant, Sanjay, was convicted under Section 302 and 376(2)(G) of the Indian Penal Code (hereinafter ‘IPC’) and sentenced to death. The incident in question relates to the alleged rape and murder of a four-year-old girl child.
Prosecution Case
2. The prosecution case emerging from the record, as also set out by the Courts below, is as under :
2.1 On 22nd April, 2004, Sanjay (hereinafter referred to as the accused) accompanied the complainant’s daughter, aged 4 years (hereinafter referred to as ‘X’) and her paternal aunt, Rajkumari, to the marriage of one Naresh. It was part of seven combined marriages taking place at the same hall. After some time, the accused informed Rajkumari that he was taking ‘X’ home. However, ‘X’ did not reach home. On query the accused informed that he had l
The prosecution must establish guilt beyond reasonable doubt, and mere circumstantial evidence or suspicion is insufficient for conviction.
In criminal cases relying on circumstantial evidence, the prosecution must prove each circumstance beyond reasonable doubt, and the evidence must form a complete chain that excludes other hypotheses ....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
Conviction based solely on circumstantial evidence requires a complete and coherent chain of events that excludes all reasonable hypotheses of innocence.
(1) Circumstantial evidence – Where a case rests on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible with ....
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
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