VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Putai – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. details of conviction and sentencing (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. arguments against conviction and evidence (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. court's analysis of evidence and findings (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75) |
| 4. standard of proof required for conviction (Para 78 , 79) |
| 5. outcome of the appeals and acquittal (Para 80 , 81 , 82 , 83) |
JUDGMENT
1. Heard.
| Accused | Section(s) | Sentence awarded |
| Accused No. 1-Putai [Appellant in Criminal Appeal Nos. 36-37 of 2019] | · IPC 376(2)(g) | · Rigorous life imprisonment along with a fine of Rs 40,000/- and in default to undergo an additional one year of rigorous imprisonment. |
| · 201 IPC | · Seven years rigorous imprisonment along with a fine of Rs 20,000/- and in default to undergo an additional 6 months of rigorous imprisonment. · Death penalty along with a fine of Rs 60,000/- an | |
(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 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....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt; inconsistencies in witness testimony and doubts over evidence credibility can lead to acquittal.
(1) Rape and murder – In view of Section 357(A), Cr.P.C., family members of deceased-victim would be entitled to compensation even though accused have been acquitted.(2) Extra-Judicial confession – C....
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The conviction was based on circumstantial evidence, with DNA and witness testimonies establishing the accused's guilt, affirming the death sentence as the case fell within the rarest of rare categor....
The prosecution's burden is to establish an unbroken chain of circumstantial evidence; failure to do so leads to acquittal.
Circumstantial evidence, including reliable DNA findings, can substantiate convictions in serious crimes even without eyewitness testimony.
The judgment emphasizes the requirement of reliable and substantive evidence to establish guilt, highlighting the insufficiency of recoveries alone to prove the accused's guilt.
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.