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HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
Rakeshkumar @ Jaggo Vinubhai Parmar – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. The criminal appeal preferred by the appellant accused Rakesh @ Jaggo Vinubhai Parmar – original accused no.1 under Section 374(2) of Cr.P.C. is directed against the judgment of conviction and order of sentence dated 13.08.2008 passed by the Additional Sessions Judge, City Court, Ahmedabad in Sessions Case No.338 of 2006, by which the appellant has been convicted under Sections 302 and 394 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.500/-, in default of payment of fine, to further undergo additional imprisonment of 3 months. He was also sentenced to undergo one year imprisonment for the offence under Section 394 of IPC and fine of Rs.500/- and default thereof, further undergo 3 months simple imprisonment. All the sentences were ordered to run concurrently. The Trial Court acquitted remaining accused viz. Brijrajsinh Chudasma and Hasmukh Ravat. The juvenile accused Vijay was tried by the Juvenile Court.
2. We have heard Dr. Hardik Raval, learned counsel appearing for and on behalf of the appellant-accused and Mr. Jay Mehta, learned APP for the respondent-State.
3. The prosecution case based on purely on circumstantial evid
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt, with the prosecution bearing the burden of proof.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt to secure a conviction.
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
Circumstantial evidence must establish a complete and unbroken chain pointing to the guilt of the accused, with no plausible alternative explanations.
The prosecution must establish a complete chain of evidence, including motive, in cases based on circumstantial evidence, and the evidence must be cogent, trustworthy, and exclude every possible hypo....
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
Circumstantial evidence murder conviction cannot rest on solitary unproven recovery of stolen property without complete chain; accused's probable explanation on preponderance of probability entitles ....
The prosecution must establish each link of the chain of circumstances beyond reasonable doubt in a case based on circumstantial evidence.
The principle that circumstantial evidence must form a complete chain leading to the guilt of the accused, with no reasonable doubt remaining, was emphasized, highlighting the necessity for the prose....
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