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ASHUTOSH KUMAR, JITENDRA KUMAR
Ghanshyam Paswan S/o Musan Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE JITENDRA KUMAR)
The present appeal has been preferred against the judgment dated 15.03.2023 passed by Ld. Additional Sessions Judge Ist -cum- Special Court (SC/ST) Madhubani in Trial Case No. 690 of 2022 arising out of Babubarhi P.S. Case No. 38 of 2018, corresponding to G.R. Case No. 304 of 2018, whereby all the accused, who are private Respondents herein, were acquitted of all the charges framed under Sections 302, 201, 364 read with Section 34 of the Indian Penal Code and Sections 3(2)(v)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.
2. The prosecution case as emerging from the written report is that 25 years old Bipin Kumar, son of the informant has been missing since 9.00 PM on 13.02.2018. The informant did search at his level, but he was not traced. The Mobile No. 7903695126 was found closed. The informant expressed his apprehension that his son Bipin Kumar has been kidnapped by unknown persons and hence, informant requested the Police to take expeditious legal action in this regard.
3. On the written report of informant Ghanshyam Paswan, Babubarhi P.S. Case No.38 of 2018 was lodged against unk
The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to their acquittal under IPC and SC/ST Act.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence beyond reasonable doubt to secure a conviction.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
In appeals against acquittal, the burden of proof remains with the prosecution, and an acquittal should be upheld if any plausible view supports the trial court's decision.
(1) Accused ‘must be’ and not merely ‘may be’ guilty before a court can convict accused – Last-seen theory comes into play where time-gap between point of time when accused and deceased were last see....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.
(1) There should not be acquittal of guilty or conviction of innocent person.(2) Appeal against acquittal – It is only in rarest of rare cases, where High Court, on an absolutely wrong process of rea....
The court ruled that circumstantial evidence must establish a consistent and unbroken chain linking the accused to the crime, and any reliance on unreliability of recovery evidence warrants the benef....
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