Back
A. M. BADAR, SUNIL KUMAR PANWAR
Ravi Kumar Singh S/o. Bulbul Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A.M. Badar, J.
The appellant who happens to be one of the accused, separately charge-sheeted in Crime No.132 of 2012 of Muffasil Police Station, Munger in Sub-Division Sadar is challenging the Judgment and Order dated 19.11.2013 and 20.11.2013 passed by the learned Additional Sessions Judge-I, Munger, in Sessions Case No.720 of 2012 thereby convicting him of the offences punishable under Sections 376 and 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life on both counts with imposition of fine of Rs.5000/-on each count. For the sake of convenience, the appellant shall be referred to in his original capacity- the accused.
2. Facts leading to the prosecution of the instant appeal can be summarized thus:
(a). The spot of the incident is stated to be a room located in Sitakund Secondary School situated at the Sheetalpur Square. P.W.6 Bhai Bharat Kumar, Police Station Officer of Muffasil Police Station, Munger, had received information regarding death of a woman at the said School on 04.07.2012. At about 07.15 P.M. of 04.07.2012, P.W.6 Bhai Bharat Kumar reached the spot of the incident and noticed that dead body of a woman in naked condition was lying
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
Section 106 of the Indian Evidence Act, 1872, states as burden of proving fact especially within knowledge - When any fact is especially within the knowledge of any person, the burden of proving that....
Offence of Murder - Conviction set aside - No direct evidence - Chain of circumstances not established conclusively.
In criminal cases, burden of proof on prosecution is one of proof beyond reasonable doubt as opposed to principle of preponderance of probabilities.
Point of law: Fact that the recovery and confessional statement made by the accused, which is the main linking factor in the circumstantial evidence of the prosecution version, being inadmissible as ....
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
