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GOUTAM BHADURI, SANJAY S. AGRAWAL
Domendra Lodhi S/o Tilak Lodhi – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. The present appeal is against the judgment of conviction and order of sentence dated 13-2-2020 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon, in ST No.04/2019 whereby the trial Court sentenced the accused to undergo RI for life with fine of Rs.1,000/- for the offence under Section 302 of the Indian Penal Code (for short ‘the IPC’) and RI for seven years with a fine of Rs.500/- for the offence under Section 201 of the IPC.
The trial Court also imposed default sentence in case of failure to pay the fine. However, acquitted the appellant from the charge under Sections 363, 366 and 376 ¼M½¼ts½ of the IPC.
2. Filtering the unnecessary details, the prosecution case is that a report was made on 8-10-2018 by PW-1 G at Police Station Chhuikhadan stating that on 6-10-2018 his daughter R (since deceased) went to Chhuikhadan college but did not return till late night. Having searched for her she was not found, as such the missing report was lodged by the police station. During search on 18-10-2018 the appellant was arrested. On the basis of doubt and having enquired it was revealed that on 6-10-2018 the appellant took the deceased on hi
In cases relying on circumstantial evidence, doubts should favor the accused, and the recovery of incriminating articles must be unimpeachable for conviction.
The main legal point established is the admissibility and relevance of the accused's confessional statement leading to the discovery of evidence under Section 27 of the Indian Evidence Act in establi....
The prosecution must establish its case beyond reasonable doubt, and procedural safeguards for evidence recovery must be strictly adhered to for admissibility.
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
The admissibility of information provided by the accused while in police custody, and the application of Section 27 of the Evidence Act in determining the evidentiary value of the disclosure statemen....
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