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JOYMALYA BAGCHI, GAURANG KANTH
Banamali Choudhury @ Banamali Chaudhuri – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 9) |
| 2. arguments presented by the defence and prosecution. (Para 27 , 28) |
| 3. principles governing circumstantial evidence. (Para 29 , 30 , 31 , 32) |
| 4. analysis of evidence regarding presence of appellant. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 5. discussion on the motive of the crime. (Para 41 , 42) |
| 6. refusal of dna evidence and its implications. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 7. final conclusion and order of the court. (Para 59 , 60 , 61 , 62 , 63) |
JUDGMENT :
Joymalya Bagchi, J.
1. Appeal is directed against judgment and order dated 20.04.2023 and 21.04.2023 in Sessions Trial No. 02(05)87 corresponding to Sessions Case No. 07(08)1986 passed by learned Additional Sessions Judge, 2nd Court, Bankura convicting the appellant for commission of offence punishable under sections 376 and 302 of the INDIAN PENAL CODE and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,00,000/-, in default, to suffer simple imprisonment for two years more for the offence punishable under section 376 of the INDIAN PENAL CODE and to suffer rigorous imprisonment for life and to
Rape and murder of minor girl –Acquittal under - Execution of crime doubtful - Incident does not appear to have happened in the manner in which the prosecution want the Court to believe it had happen....
(1) Delay in transmission of FIR to court, may not, per se, be fatal, without anything more – Where ocular evidence is found to be unreliable and unacceptable, long delay has to be taken note of by C....
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 judgment establishes the principle that circumstantial evidence, including motive, witness testimonies, and the recovery of incriminating articles, can be sufficient to establish guilt in a murde....
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
The absence of direct evidence does not negate a conviction if circumstantial evidence establishes guilt beyond reasonable doubt.
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
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