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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, ANSHUMAN
Anup Singh, Son of Yogendra Singh – Appellant
Versus
State of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. overview of the case initiation and background circumstances (Para 2 , 3 , 4 , 5 , 8 , 10) |
| 2. circumstantial evidence must decisively establish guilt (Para 26 , 27 , 29 , 30) |
| 3. counterarguments highlighting witness evidence and implications for conviction (Para 39 , 40 , 42) |
| 4. five rules of circumstantial evidence established by supreme court (Para 44 , 45) |
| 5. appeal result: conviction overturned and acquittal of appellant (Para 55 , 56 , 57 , 58) |
JUDGMENT :
BIBEK CHAUDHURI, J.
1. Heard the learned Advocate for the appellant and the learned Government Advocate.
2. This is an appeal against an order of conviction and sentence under Sections 302 /376 of the I.P.C. and Section 5 (i)/6 of the POCSO Act.
3. POCSO Case No.31 of 2016 was registered on the basis of the charge sheet filed by the police in connection with Brahampur P.S. Case No.232 of 2016 dated 10.10.2016 under Sections 302 , 201, 376 of the I.P.C. and Section 5 (i)/6 of the POCSO Act, which was initiated on the basis of a statement made by one Rita Devi of Village Kuwavan within police station Brahampur, alleging inter alia that on 10.10.2016 at about 06:00 A.M. her minor daughter aged about 14 years (name of
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
Court emphasized the application of circumstantial evidence principles where all links confirmed the appellant's guilt in the kidnapping, sexual assault, and murder of a minor, upholding a death sent....
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
Point of Law : Evidence suggesting that the accused was seen in the company of the deceased on the date of occurrence can at best raise grave suspicion about his involvement but the same.
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