In cases of circumstantial evidence, the prosecution must establish an unbroken chain of events linking the accused to the crime; 'last seen together' evidence is insufficient for conviction without corroborative evidence.

JUDGMENT :

ILESH J. VORA, J.

1. Here is the Appeal by the State against the judgment and order of acquittal.

2. Being dissatisfied by the judgment and order passed by the learned Sessions Judge, Surat, in Sessions Case No.313 of 1999 dated 30.12.2000, acquitting the respondent from the offence under Sections 302 and 365 of the Indian Penal Code, the State has preferred instant appeal under Section 378 of the Cr.P.C.

3. This Court has heard Mr.Ronak Raval, learned Additional Public Prosecutor. Though served, none appears for and on behalf of the respondent-accused.

4. Brief facts giving rise to file the present Appeal are that, the respondent-accused, Bhagvan Murli, was tried and prosecuted for the offence of kidnapping and murder. According to prosecution case, on 13.5.1999, the accused- respondent, under the pretext to give a Pepsi to the minor child Siddhant, kidnapped and taken to Udhana area of Surat and the child was thrown into the creek under the bridge. The dead-body of the deceased found by the police on the basis of missing complaint. The maternal uncle of the deceased, PW-4, lodged an FIR against the accused, inter alia, stating that, the accused was an employee and having habit to consume liquor and after consuming the same, he has tendency to harass the room partners, as a result, the father of the child, directed him to live separately in any other area of Surat. It is further alleged that the accused separated from the complainant party and started living in the other area of Surat. Keeping grudge in mind of this incident, the respondent-accused took the deceased child from one Bhagvan Gaud under the pretext to give him a Pepsi and assured the Bhagvan Gaud that he will leave the child at his home. The accused, along with the child, went to the shop of PW-3 and purchased the Pepsi and other things and then he disappeared. The dead-body of the child was found from the creek of Udhana area. The delay being explained that they were busy with the after-death rituals. On the basis of complaint and upon due investigation, the accused after his arrest, charge-sheeted for the offence of kidnapping and murder.

5. Since the case was exclusively triable by the Sessions Court, the Court committed the case to the Sessions Court, which has been culminated into Sessions Case No.313 of 1999.

6. The learned Sessions Judge, Surat, framed charge under Section 302 and 365 of the IPC against the accused to which, he pleaded not guilty and claimed trial.

7. In the course of trial, the prosecution adduced the following oral as well as documentary evidence in support of his case:

Oral evidence:-

Documentary evidence:-

8. On conclusion of oral evidence, the trial Court recorded fu