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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ilesh J.Vora, P.M.Raval
Ramsingbhai Samjibhai Bhabhor – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. This criminal appeal preferred by the sole accused Ramsingh Samjibhai Bhabhor, under Section 374(2) of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’, in short) is directed against the judgment of conviction and order of sentence dated 30.06.2012 passed by the learned Principal Sessions Judge, Dahod in Sessions Case No.16 of 2009 by which the appellant accused has been convicted under Sections 302 , 316 and 201 of the INDIAN PENAL CODE and sentenced as tabulated hereinunder:
| Conviction under Section | Punishment | Fine | In default of fine |
| Section 302 of IPC | RI for Life | Rs.5,000/- | RI for 2 years |
| Section 201 of IPC | RI for 2 years | Rs.500/- | RI for 3 months |
| Section 316 of IPC | RI for 5 years | Rs.1,000/- | RI for 6 months |
2. The case of the prosecution leading to conviction of the appellant accused is as follows:
2.1 Accused Ramsingh despite of his marital status as married, he had illicit relationship with deceased Urmila, as a result, she got pregnant. She insisted on staying with the accused after she became pregnant. The accused was being married person and having a child, refused to keep the deceased as his wife. On account of continuous pressure of the deceased, the accused mad
The prosecution failed to establish a complete chain of circumstantial evidence required for a conviction in a murder case, rendering the conviction legally unsound.
The prosecution must establish a complete chain of circumstantial evidence to prove guilt beyond reasonable doubt, which was not achieved in this case.
Rape and murder of minor girl –Acquittal under - Execution of crime doubtful - Incident does not appear to have happened in the manner in which the prosecution want the Court to believe it had happen....
The prosecution failed to establish a reliable chain of circumstantial evidence necessary for conviction, leading to the acquittal of the accused.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
The admissibility of a confession under Section 27 of the Evidence Act and the mandatory provision of inflicting a fine under Section 302 of the Indian Penal Code.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
Circumstantial evidence must be proven beyond reasonable doubt, with clear, cogent connections to establish guilt; the accused's release is warranted when gaps exist in prosecution evidence.
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