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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Arun Kumar Vaishnav @ Chanky, S/o. Late Prabhu Das Vaishnav – Appellant
Versus
State of Chhattisgarh Through, Police Station Urga – Respondent
Judgment :
Rajani Dubey, J.
1. This appeal under Section 374(2) of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 26.12.2014 passed by learned 2nd Additional Sessions Judge, District Korba (C.G.) in Sessions Trial No.76/2013 whereby, the trial Court convicted the appellant and sentenced him as under:-
2. Case of the prosecution, in brief, is that on 16.05.2013, complainant Mukesh Kumar Bairagi lodged a missing report of his child Bhupesh alisa appu aged about 6 years along with his description. On the basis of above information, a missing person Case No. 13/13 was registered by the Urga Police station and by registering Rojnamchasanha No. 22, search proceedings were initiated. On 17.05.2013, an unknown person called the minor’s grandfather, Jagdish Das Vaishnav, on his mobile number 9993585275 from mobile number 7805990913 at about 19:00 hours, demanding a ransom of Rs.10,00,000/- for the release of the kidnapped child. Upon obtaining call details, it was revealed that the SIM used for the ransom call had been issued to one Amit on the basis of forged documents, leading to registration of a separate offence under Sections 420 and
The prosecution must establish an unbroken chain of evidence beyond reasonable doubt for conviction, failing which the accused is entitled to acquittal.
The judgment establishes the importance of circumstantial evidence, the burden on the accused to explain incriminating circumstances, and the admissibility of electronic evidence under Section 65B(4)....
Convictions under Section 302 of IPC require corroborative evidence, and in the absence of reliable evidence, guilt cannot be established beyond reasonable doubt.
Information leading to the discovery of fact cannot form the foundation of the prosecution case as it is one link in the chain of proof and the other links must be forged in a manner allowed by the l....
(1) Accused ‘must be’ and not merely ‘may be’ guilty before a court can convict accused – Last-seen theory comes into play where time-gap between point of time when accused and deceased were last see....
(1) Circumstantial evidence – In cases based on circumstantial evidence, motive is not an absolute necessity when chain of circumstances is otherwise complete and points conclusively to guilt of accu....
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