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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Arifan Bibi @ Areefan Bibi @ Bhutti – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Joymalya Bagchi, J.
1. Appeal is directed against the judgment and order dated 26.07.2016, 27.07.2016 and 28.07.2016 passed by learned Additional Sessions Judge, 7th Court, Barasat, North 24-Parganas in Sessions Trial No. 01(02)2013 arising out of Sessions Case No. 01(01)2013 convicting the appellant under sections 302/201/379/411 I.P.C. and sentenced her to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, in default, to suffer rigorous imprisonment for ten months for the offence punishable under section 302 I.P.C., to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for five months for the offence punishable under section 201 I.P.C., to suffer rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for two months for the offence punishable under section 379 I.P.C. and to suffer rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for two months more for the offence punishable under section 411 I.P.C. All the sentences to run concurrently.
Prosecution case:-
2. Pros
The prosecution must establish a complete chain of circumstantial evidence for conviction; failure to prove the last seen theory and inconsistencies in witness testimonies led to the acquittal.
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
Conviction based on the testimony of a single eye-witness is sustainable if the testimony is found to be reliable.
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt, with the prosecution bearing the burden of proof.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt to secure a conviction.
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
In circumstantial evidence cases, the prosecution must establish a chain of circumstances that unerringly point to the guilt of the accused. Recovery of stolen articles soon after a murder, if proved....
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