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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
Md. Mobarak – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. appeal against conviction and sentencing. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding circumstantial evidence. (Para 7 , 8) |
| 3. analysis of circumstantial evidence. (Para 9 , 10 , 11) |
| 4. establishing link through electronic evidence. (Para 12 , 13 , 14 , 15 , 16) |
| 5. witness testimonies supporting prosecution. (Para 17 , 18 , 19) |
| 6. evaluation of evidence proving guilt. (Para 20 , 21 , 22 , 23) |
| 7. legal admissibility of electronic evidence. (Para 24 , 25 , 26) |
| 8. dismissal of appeal and affirmation of conviction. (Para 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
Prasenjit Biswas, J.
1. This appeal is directed against the judgment and order dated 07.10.2021 passed by the learned Additional Sessions Judge, 1st Court, Malda in connection with Sessions Case No. 62/2021 (Sessions Trial Case No. 43/2021) at the behest of the appellant.
2. By passing the impugned judgment and order this appellant was found guilty for commission of offence punishable under Section 302 of the Indian Penal Code and they were sentenced to suffer rigorous imprisonment for life along with a fine of Rs. 10,000/- and in default of payment to undergo further rigorous imprisonment for one year and they were also c
Circumstantial evidence must create an unbroken chain of events directly linking the accused to the crime, establishing guilt beyond reasonable doubt, as confirmed by the review of mobile records and....
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances that excludes any reasonable doubt of the accused's innocence.
(1) Circumstantial evidence – It is necessary for prosecution that circumstances from which conclusion of guilt is to be drawn should be fully established. Suspicion, however strong it may be, cannot....
The court affirmed that circumstantial evidence, when established beyond reasonable doubt, can support convictions for murder and conspiracy, emphasizing the necessity of a complete chain of evidence....
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
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