VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Ramkirat Munilal Goud – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of the events leading to the crime and initial investigations. (Para 2 , 3 , 5 , 6) |
| 2. arguments raised by the defense and response from the prosecution. (Para 17 , 26) |
| 3. analysis of circumstantial evidence and its insufficiency for conviction. (Para 31 , 33 , 36 , 39) |
| 4. conclusion resulting in the acquittal due to prosecution's failure. (Para 76 , 77) |
SANDEEP MEHTA, J.
2. The instant case is yet another classic example of shabby and perfunctory investigation leading to failure of the prosecution case involving a gruesome incident of rape and murder of the budding life of a tender young girl1 [Hereinafter referred to as ‘child’ or ‘child victim’] aged about 3 years and 9 months.
4. Succinctly stated, the facts relevant and essential for disposal of the appeals may be noted herein-below.
6. The complainant inquired from two persons living in the neighbourhood, who told him that they had seen the child playing with the dog. Thereafter, he went to the watchmen chawl located near his room, where several watchmen used to reside. The pet dog was found in the ch
The prosecution's burden is to establish an unbroken chain of circumstantial evidence; failure to do so leads to acquittal.
Kidnapping and rape of minor victim – Rank apathy of Investigating Officers in not conducting expeditious and diligent investigation, should have been sufficient to put Courts below on guard and beco....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, especially in capital cases; failures in fair trial procedures and unreliable circumstantial evidence undermine convicti....
(1) DNA report is substantive piece of evidence and same could not have been tendered in evidence through affidavit – Only evidence of formal nature can be given on affidavits.(2) Circumstantial evid....
The prosecution must establish guilt beyond reasonable doubt, and mere circumstantial evidence or suspicion is insufficient for conviction.
Point of Law : Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passin....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.