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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Ramavtar, S/o. Ramkumar Uraon – Appellant
Versus
State Of Chhattisgarh, Through Police Station Seetapur – Respondent
Judgment :
Rajani Dubey, J.
1.Challenge in this appeal is to the legality and validity of the judgment of conviction and order of sentence dated 12th July, 2018 passed by learned Additional Sessions Judge, FTC, Surguja (Ambikapur) in ST No.393/2011 whereby the accused/appellant stands convicted and sentenced as under:
All the sentences were directed to run concurrently.
02. Case of the prosecution, in brief, is that on 27.5.2011 the deceased had gone to Village-Chainpur by bus in marriage ceremony of one Rupesh Uraon of her village where her maternal grant parents reside, along with other villagers including the accused/appellant. Her father (PW-1) also went to Village-Chainpur at the house of his mother- in-law (PW-2) and father-in-law (PW-3) where the deceased was also present. On being asked, the deceased told that she came with the accused. After marriage function being over, when her father went to the house of his father-in-law for taking her back to the village, she was not found there. His mother-in-law (PW-2) informed that at around 8-9 pm the deceased came with the accused and was saying that she would return with him by bus. Though her father searched her everywhere but she
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
Conviction for murder can be sustained based on circumstantial evidence and the last seen theory, particularly when the accused fails to explain crucial circumstances.
The prosecution must establish a complete chain of circumstances in cases based on circumstantial evidence. Negligence in the investigation, such as the failure to conduct DNA testing on crucial evid....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
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