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RAMESH SINHA, RAJANI DUBEY
Kamlesh Netam S/o Dansai Netam – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAMESH SINHA, J.
1. Since the above-captioned appeals arise out of a common factual matrix and impugned judgment, this Court is disposing of the same by a common judgment.
2. These criminal appeals preferred under Section 374(2) of the Cr.P.C. are directed against the impugned judgment of conviction and order of sentence dated 25.06.2022 passed by the learned Additional Sessions Judge FTSC (POCSO), Kondagaon (C.G.) in POCSO Case No. 20/2019 by which the appellants have been convicted for offences under Sections 363, 376A and 302 of the IPC and sentenced them to undergo rigorous imprisonment for 07 years and to pay a fine of Rs.1,000/- in default, to further undergo rigorous imprisonment for 01 month, rigorous imprisonment for life and to pay a fine of Rs.1,000/- in default, to further undergo rigorous imprisonment for 01 month and rigorous imprisonment for life and to pay a fine of Rs.1,000/- in default, to further undergo rigorous imprisonment for 01 month.
3. Case of the prosecution, in brief, is that on 10.05.2019, the father of the deceased has made a complaint at Police Station, Farasgaon to the effect that on 09.05.2019 his daughter went out from the house while talkin
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....
The sufficiency of circumstantial evidence to establish guilt and the principle that the accused must provide a satisfactory explanation for incriminating evidence.
Circumstantial evidence, including reliable DNA findings, can substantiate convictions in serious crimes even without eyewitness testimony.
(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....
The main legal point established in the judgment is the reliance on DNA profiling, circumstantial evidence, and the last-seen theory to establish the guilt of the accused in criminal cases.
Inadequate confrontation of the accused with incriminating evidence under Section 313 Cr.P.C. constitutes a violation of the right to a fair trial, necessitating case remittance for proper re-evaluat....
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