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2025 Supreme(SC) 1871

DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Mohamed Sameer Khan – Appellant
Versus
State Represented by Inspector of Police – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Madhu Moolchandani, AOR
For the Respondent(s): Mr. Sabarish Subramanian, AOR

JUDGMENT :

AUGUSTINE GEORGE MASIH, J.

1. The present appeal challenges the judgment passed by the High Court of Judicature at Madras (hereinafter “High Court”) dated 28.10.2021, whereby the appeal preferred by Mohamed Sameer Khan (hereinafter “Appellant”) against the order of conviction and sentence under Sections 302, 449, 376 and 394 of the Indian Penal Code, 1860 (hereinafter “IPC”) passed by the Second Additional Sessions Judge, Special Court for Bomb Blast Case, Coimbatore dated 17.11.2017, had been upheld and the appeal dismissed.

2. Learned Senior Counsel for the Appellant has asserted that the case of the prosecution is based upon circumstantial evidence. There is no direct evidence specifically connecting the appellant with the offence for which he had been accused. Her further submission is that the Appellant is falsely implicated. The prosecution has failed to establish the guilt of the Appellant beyond reasonable doubt and has also not probed in the right direction to find out the truth. No scientific evidence has been led connecting the Appellant with the crime, and some important and relevant persons who would have shed light on the incident have neither been associated

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