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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Asraf Ansari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellant has preferred the present appeal against the Judgement of conviction dated December 21, 2019 and the order of sentence dated December 23, 2019 passed by the Additional Sessions Judge, 1st Court, Durgapur, in Sessions Trial No. 78 of 2013 arising out of Sessions Case No. 251 of 2013.
2. The case of the prosecution at the trial had been that, Nafisa Khatun was coming from school along with her daughter when, the appellant, suddenly attacked her, randomly stabbed her with a sharp weapon on the Najirabad Main Road in front of the house of Ajij Miya. Police had received a written complaint with regard to the murder from Prosecution Witness (PW) 1 on September 4, 2013 which was registered as a First Information Report being Andal Police Station F.I.R No. 347 dated September 4, 2013 under Section 302 of the Indian Penal Code, 1860.
3. Police conducted an investigation with regard to the such written complaint and on conclusion of the investigation, police had submitted a charge sheet against the appellant. The Court had framed a charge under Section 302 of the Indian Penal Code, 1860 against the appellant on December 11, 2013. The appellant had plead
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt, the burden of proof in criminal trials, and the evaluation of incriminating facts and circumstances.
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
In cases of murder, eyewitness testimony can be sufficient to establish guilt beyond a reasonable doubt, even in the absence of forensic evidence, provided the testimony is credible and consistent.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
Circumstantial evidence must point irresistibly to guilt; material gaps and inconsistencies in evidence may lead to reasonable doubt, warranting acquittal.
The Court reiterated that suspicion alone cannot replace proof, and the prosecution must establish guilt beyond reasonable doubt in circumstantial cases.
The central legal point established in the judgment is the requirement for cogent and unerring circumstantial evidence to establish guilt in cases based on such evidence, and the burden on the prosec....
Circumstantial evidence must establish a continuous chain linking the accused to the crime, and mere suspicion is insufficient for conviction.
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