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DELHI HIGH COURT
MUKTA GUPTA, ANISH DAYAL
Hari Singh – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. factual background of kidnap and ransom. (Para 2) |
| 2. details of the investigation leading to arrest. (Para 3 , 4) |
| 3. prosecution charged individuals for multiple offenses. (Para 5) |
| 4. arguments presented by the defenses of the appellants. (Para 6 , 7 , 8 , 9 , 10) |
| 5. court’s analysis of evidence and arguments presented during trial. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 6. judgment on the admissibility of evidence. (Para 39 , 40 , 41 , 42) |
| 7. evidence establishing guilt of the appellants. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 8. conclusion affirming the trial court's decision. (Para 52) |
| 9. final orders of the court. (Para 53 , 54) |
JUDGMENT
Mukta Gupta, J. By these five appeals, all the appellants challenge the common impugned judgment dated 17th July, 2019 convicting five of the eight accused persons for offences of kidnapping with murder of one Nikesh Kumar Singh ("deceased") punishable under Sections 364A/302/201/120B of the Indian Penal Code, 1860 ("IPC"). The appellants also challenge the order on sentence dated 05th September, 2019 whereby all the fi
The court affirmed that a strong circumstantial chain supported by mobile communications and witness testimonies can establish guilt in kidnapping and murder cases, even when procedural challenges ar....
The court established that circumstantial evidence must form an unbroken chain leading to the accused's guilt, warranting the dismissal of the appeal against conviction for murder and kidnapping.
The court confirmed that robust eyewitness and circumstantial evidence can sustain a conviction for serious crimes like kidnapping and murder, emphasizing reasonable doubt standards.
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
Circumstantial evidence can sustain a murder conviction when it demonstrates motive, opportunity, and establishes a clear temporal connection between the accused and the crime.
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