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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Pyari Kaushik, D/o Aajuram Kaushik – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. appeal under cr.p.c. section 374(2) for conviction (Para 1) |
| 2. factual background of the case and trial court's conviction (Para 2 , 3 , 4) |
| 3. arguments against trial court's judgment (Para 5) |
| 4. state's arguments in support of conviction (Para 6) |
| 5. need to determine nature of the death (Para 7 , 8) |
| 6. witness testimonies regarding the incident (Para 9 , 10) |
| 7. medical examination results of the deceased (Para 11 , 12) |
| 8. analysis of evidence supporting homicide determination (Para 13 , 16 , 18) |
| 9. witness statements about accused and victim's relationship (Para 17 , 19 , 21) |
| 10. forensic evidence and its relation to the case (Para 22 , 23 , 30) |
| 11. recovery of evidence and its admissibility (Para 24 , 25 , 27 , 28) |
| 12. issues with dna evidence and its reliability (Para 31 , 32 , 37) |
| 13. procedural lapses in evidence collection and testing (Para 33 , 34 , 36) |
| 14. court's rationale for reversing conviction (Para 38 , 41) |
| 15. conclusion and acquittal of the appellants (Para 42 , 43 , 44) |
Judgment :
Per Rajani Dubey, Judge
1. This appeal under Section 374(2) of Cr.P.C. has been filed by the appellants against the judgment of conviction and order of sentence dated 08.08.2019 passed
The prosecution must prove guilt beyond a reasonable doubt, especially in circumstantial evidence cases, where the absence of direct evidence and procedural lapses in evidence handling may lead to ac....
The court emphasized that DNA evidence must be corroborated by substantive evidence and procedural integrity is essential for its admissibility in criminal cases.
(1) Rape and murder – In view of Section 357(A), Cr.P.C., family members of deceased-victim would be entitled to compensation even though accused have been acquitted.(2) Extra-Judicial confession – 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.
Circumstantial evidence must establish an unbroken chain of guilt while ensuring all evidentiary rules are followed; failure in this renders conviction unsustainable.
DNA evidence requires proper documentation and chain of custody to be admissible; conviction cannot solely rely on such evidence without corroborating proof.
The prosecution must prove guilt beyond reasonable doubt, especially when the primary witness turns hostile, and reliance on inconsistent testimony and improperly handled DNA evidence is insufficient....
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
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