2026 Supreme(SC) 174
SANJAY KUMAR, K. VINOD CHANDRAN
Rohit Jangde – Appellant
Versus
State of Chhattisgarh – Respondent
Advocates appeared:
For the Petitioner(s): Dr. Rajesh Pandey, Sr. Adv. Mr. Chandrika Prasad Mishra, AOR Ms. Prashasti Singh, Adv. Ms. Ayushi Pandey, Adv. Mr. Utsav Madan, Adv. Ms. Swati Surbhi, Adv.
For the Respondent(s): Ms. Ankita Sharma, AOR Mr. Arjun D. Singh, Adv. Ms. Ishika Neogi, Adv. Mr. Divya Tripathi, Adv.
Judgement Key Points
Cross-Examination Questions for PW2 (Mother-in-law of accused)
- You went to the accused's house with police after the quarrel on 05.10.2018 to fetch the grandchildren, correct? (!) (!) (!)
- When you arrived at the house, the first wife told you the accused had taken the younger child, but you made no immediate missing report about the child that day, isn't it? (!) (!) (!)
- Despite police being present and learning the child went with the accused on 05.10.2018, no inquiries were made about the child's whereabouts then, were they? (!) (!)
- You did not mention any specific date in your chief examination about going to the house or learning about the child, correct? (!)
- You never asked about the location of your elder grandchild who was also staying with the accused, did you? (!)
Cross-Examination Questions for PW7 (Second wife/biological mother)
- After the quarrel and your hospitalization on 05.10.2018, you did not lodge any missing complaint about your daughter until 11.10.2018, despite knowing she went with the accused, right? (!) (!)
- The green saree in which the bones were found was yours, but you were never shown it or asked to identify it during investigation, were you? (!)
Cross-Examination Questions for PW8 (Neighbor, last seen witness)
- You only told police about seeing the accused take the child on a motorbike seven days after 05.10.2018, by which time the family and police already knew from the first wife that the child went with accused, correct? (!) (!)
- The time you claim to have seen the accused with the child was before his arrest on 06.10.2018, but no one pursued this immediately despite family knowledge, isn't it? (!)
Cross-Examination Questions for PW10 (Grandfather)
- You accompanied PW2 to the accused's house after the quarrel, and the first wife said accused took the younger child, but no missing report was filed that day, true? (!) (!)
- Your chief examination also lacks any specific date for this visit, doesn't it? (!)
- You never mentioned the elder child's whereabouts despite both staying with accused, correct? (!)
Cross-Examination Questions for PW15 (Investigating Officer)
- The accused was arrested in the prior assault FIR on 06.10.2018 and released on 08.10.2018, as per your own deposition, right? (!) (!)
- Despite arrest on 06.10.2018 and family/police knowing child went with accused on 05.10.2018, no missing inquiries were made until 11.10.2018, were they? (!)
- The Section 27 memorandum (Ex.P4) was prepared at 10.30 AM on 13.10.2018, recoveries followed, but arrest memo (Ex.P27) shows arrest only at 22.00 hrs on 13.10.2018, so accused was not in custody when statement was given, correct? (!) (!)
- The FIR for missing child (11.10.2018) states child missing at 9 PM on 06.10.2018, after accused's arrest that day, which contradicts the last seen theory of 05.10.2018, doesn't it? (!)
- Interpolation in the prior assault FIR dates (Column 2 changed from 05.10.2018 12.40 to 06/08.10.2018 13.40) was noticed, affecting timeline of accused's custody, true? (!)
Cross-Examination Questions for PW3, PW4, PW5 (Fishermen)
- You recovered skull, 8 teeth, and bone from canal wrapped in green saree at 13.00 on 13.10.2018, but these showed burning evidence without any link to accused except his prior disclosure, correct? (!)
Cross-Examination Questions for PW1 (Doctor) and PW18 (Scientific Officer)
- FSL report (Annexure P21A) shows DNA match only for vertebrae and teeth from canal with parents' samples; skull and field bones did not match, right? (!) (!)
- No full corpus delicti was recovered, and no time of death could be determined from remains, isn't it? (!)
General Cross-Examination Questions (Applicable to Prosecution Witnesses on Circumstances)
- No one questioned accused about child's whereabouts after his release on 08.10.2018 until FIR on 11.10.2018, despite family knowledge he took her, true? (!) (!)
- Accused accompanied PW7 to lodge missing FIR on 11.10.2018 without being suspected then, correct? (!)
| Table of Content |
|---|
| 1. circumstantial evidence must establish guilt. (Para 2 , 4 , 5) |
| 2. confusion regarding arrest affects prosecution's case. (Para 3 , 6 , 8 , 10) |
| 3. investigation lapses raise doubts in last seen theory. (Para 7 , 9) |
| 4. section 27 requires custody for admissibility. (Para 11 , 16) |
| 5. understanding of reasonable doubt in evidence. (Para 14 , 15) |
| 6. guilt beyond reasonable doubt is necessary. (Para 18) |
| 7. case concluded with acquittal and appreciation for advocacy. (Para 19 , 20) |
JUDGMENT
Leave granted.
3. We have heard Dr. Rajesh Pandey, learned Senior Counsel appearing for the accused and Ms. Ankita Sharma, Advocate-on-Record, appearing for the State. We cannot but appreciate the Government Advocate for undertaking the exercise of preparing, for our perusal, a paper-book containing the entire records, both the vernacular and the translation. The hearing on the earlier occasion also raised serious questions as to the custody of the accused, prior to the arrest in the present crime, which persuaded us to pass an order on 14.11.2025, directing the State to produce proof, if any, of the accused having been taken into custody and imprisoned between 05.10.2025 to 10.10.2025. An ad
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