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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, SHYAM C.CHANDAK
Shantilal Dashrath Gaikwad – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. appeal against conviction under ipc sections 363, 302, 201. (Para 1 , 2) |
| 2. child kidnapped from birthday, abandoned at railway platform. (Para 3 , 4) |
| 3. initial arrests fail; habeas corpus directs deeper probe. (Para 5 , 6) |
| 4. appellant arrested; false victim identified via dna mismatch. (Para 7) |
| 5. appellant confesses to rape, murder under intoxication. (Para 8) |
| 6. charges framed; trial convicts appellant on confessions. (Para 9 , 10) |
| 7. parents, pw3 testify to kidnapping at platform. (Para 11 , 12 , 13) |
| 8. math witnesses last see appellant with child. (Para 14 , 15 , 16) |
| 9. disclosure leads to spot; investigation steps detailed. (Para 17 , 18 , 19) |
| 10. magistrates record contradictory confessions. (Para 20) |
| 11. defence: faulty evidence, inadmissible photos, coerced confessions. (Para 21) |
| 12. prosecution: last seen, identifications, reliable confessions suffice. (Para 22) |
| 13. kidnapping unproved; missing cctv chain breaks. (Para 23 , 24 , 25 , 26) |
| 14. photos inadmissible sans section 65-b certificate. (Para 27 , 28) |
| 15. no tip; pw3 identification unreliable. (Para 29) |
| 16. confessions involuntary, unsigned, procedurally flawed. (Para 30) |
| 17. witnesses unreliable post-investigat |
Acquittal upheld in body-less murder case: CCTV inadmissible sans 65B certificate; unsigned/retracted confessions involuntary; no TIP; incomplete circumstantial chain with reasonable doubt from inves....
The court emphasized that circumstantial evidence must establish a complete and unbroken chain of guilt beyond reasonable doubt, particularly in capital cases.
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
The court held that the victim's identification of the appellant and corroborative evidence was sufficient for conviction under POCSO and IPC, while mitigating factors allowed for sentence reduction ....
Circumstantial evidence, including the last-seen principle and failure to explain circumstances of a child's death, uphold conviction under sections 302, 201 of the IPC.
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