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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, ANSHUMAN
Shatrughan Ram @ Shatrudhan Das Son of Lalchand Ram – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. fir registration for minor's rape and murder (Para 1 , 2 , 3 , 4 , 5) |
| 2. trial proceedings and court transfers (Para 6 , 7 , 8 , 9) |
| 3. procedural transfer irregularity overlooked (Para 10 , 11) |
| 4. witness testimonies; informant absent; evidence gaps (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. no last-seen proof; locked room recovery (Para 18 , 19 , 20) |
| 6. s.106 burden needs complete circumstantial chain (Para 21 , 22 , 23 , 24) |
| 7. inconclusive forensics; insufficient evidence for conviction (Para 25 , 26) |
| 8. prolonged custody despite prosecution failure (Para 27 , 28 , 29 , 30) |
| 9. appeal allowed; conviction set aside (Para 31 , 32 , 33 , 34) |
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The instant criminal appeal is directed against a judgement of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track, 2nd Court at Patna on 16th of February, 2019, whereby and whereunder, the learned Trial Judge held the appellant guilty for committing offence under Sections 376/302 of the Indian Penal Code and convicted and sentenced him to suffer rigorous imprisonment for life for the offence punishable under Section 376 of the IPC and rigorous imprisonment for life till the en
Mere recovery of minor rape-murder victim's body from accused's locked room, without proof of last seen together, accused's presence or forensic link, fails to form complete circumstantial chain for ....
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The importance of proving guilt beyond all reasonable doubt in cases relying on circumstantial evidence.
The judgment establishes the principles of circumstantial evidence, the last seen theory, and the burden of proof under Section 106 of the Indian Evidence Act in establishing guilt in criminal cases.
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
The absence of corroborative evidence from reliable witnesses and the failure of the prosecution to establish a motive led to the overturning of the conviction based on circumstantial evidence.
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
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