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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, MADHU JAIN
Pradeep – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10) |
| 2. arguments raised by the appellants. (Para 12 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 27 , 28 , 29 , 30 , 31) |
| 3. court's analysis and findings. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55) |
| 4. final conclusion and acquittal. (Para 56 , 57 , 58) |
JUDGMENT :
MADHU JAIN, J.
1. The hearing has been done through hybrid mode.
BACKGROUND:
2. Present appeals have been filed under Section 415 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, ‘ BNSS ’) assailing the impugned judgment of conviction and order on sentence dated 7th May, 2025 and 17th May, 2025 respectively passed by the court of Ld. ASJ (Fast Track Court), South West District, Dwarka Court, New Delhi whereby the Appellants have been convicted in Sessions Case No. 537/2017 arising out of FIR No. 152/2017 registered at P.S. Dwarka North under Section 302 /201/34 of the Indian Penal Code, 1860 (hereinafter ‘ IPC ’).
3. By the impugned judgment of conviction and order on sentence, the appellants have been sentenced to rigorous life imprisonment for the commission of offence p
In criminal cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt, leaving no room for alternative hypotheses of innocence....
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 ....
Circumstantial evidence requires complete chain excluding innocence; long time gap invalidates last seen theory without ruling out third-party intervention; open-place recoveries lack credibility; un....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
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