Back
BELA M. TRIVEDI, PRASANNA B. VARALE
State of Chhattisgarh – Appellant
Versus
Ashok Bhoi – Respondent
JUDGMENT :
1. The present set of two appeals have been filed by the State of Chhattisgarh challenging the impugned common judgment and order passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.601 of 2007 and Acquittal Appeal No.1 of 2009, whereby the High Court has allowed the Criminal Appeal No.601 of 2007 filed by the respondent – accused – Ashok Bhoi, and has acquitted him from the charges levelled against him, and dismissed the Acquittal Appeal No.1 of 2009 preferred by the State against the acquittal of the respondent – accused – Vikash Khubwani.
2. As per the case of the prosecution, the PW-1 – Uttamlal had two sons - Swapnil and Suhash (deceased). On 15.01.2006, Swapnil had gone somewhere out and had not returned, and therefore, the father - Uttamlal (PW-1) sent his second son - Suhash to find him out. After sometime, Swapnil came back home, however, Suhash did not return. At about 9.00 p.m., a telephone call was received on the mobile phone of Swapnil, demanding a ransom of Rs.2 lakhs for getting Suhash back. Since Suhash did not return home, an F.I.R. was lodged by the father – Uttamlal in the Police Station Bhilai at about 10.45 p.m.
3. It appears tha
In criminal cases based on circumstantial evidence, mere suspicion is insufficient for conviction; the prosecution must establish a clear chain of evidence proving guilt beyond reasonable doubt.
Circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt in criminal cases.
(1) Murder and disappearance of evidence – Conviction can be recorded in absence of recovery of corpus.(2) Extra-judicial confession is a weak piece of evidence and especially when it has been retrac....
The prosecution failed to prove the guilt of the appellants beyond reasonable doubt, and the appellants were entitled to the benefit of doubt.
Conviction based solely on confessions of co-accused is insufficient; prosecution must provide corroborating evidence establishing guilt beyond reasonable doubt.
The appellate court must respect the presumption of innocence and the trial court's findings in acquittal appeals unless they are proven to be perverse or arbitrary.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
