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VIPUL M. PANCHOLI, SUNIL DUTTA MISHRA
Ram Nath Sahni S/o Kishori Sahni – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
VIPUL M. PANCHOLI, J.
The present appeal has been filed under Section-374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the judgment of conviction dated 07.06.2023 and order of sentence dated 14.06.2023 passed by learned learned Additional Sessions Judge-VI-Cum-Special Judge, POCSO, Madhubani, in connection with G.R. POCSO Case No. 43 of 2020 (arising out of Kaluahi P.S. Case No. 116 of 2020) by which the appellant/convict has been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 20, 000/-(Rupees twenty thousand only) and in default of payment of fine, further three month Simple Imprisonment for the offence u/S-302 of the I.P.C. Further the convict has been sentenced to undergo rigorous imprisonment for life, which shall mean imprisonment for the remainder of natural life of the convict and fine of Rs. 20,000/-(Rupees twenty thousand only) and in default of payment of fine, further three month Simple Imprisonment for the offence u/S-6 of the POCSO Act (read with Section 376(A) and 376(D) of the I.P.C. as per provision of Section-42 of POCSO Act). Both the sentences have been directed to run concurrently.
2. H
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Point of Law : Contradictory statements regarding extra judicial confession made by the accused/appellant, we are of the view that such type of extra judicial confession has no such value in the eye ....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Circumstantial evidence, including motive and last seen theory, can establish guilt in murder cases when direct evidence is unavailable.
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