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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, R.T.VACHHANI
Rameshbhai Bachubhai Vaidhukiya – Appellant
Versus
State of Gujarat – Respondent
Key Points: - The prosecution failed to establish a complete unimpeachable chain of circumstantial evidence beyond reasonable doubt. (!) (!) (!) - The court acquitted the appellant due to lack of reliable evidence, including issues with DNA profiling, chain of custody, and absence of corroboration for eyewitness testimony. (!) (!) (!) - The court emphasized admissibility and reliability concerns of forensic DNA evidence, noting the need for proper demonstration of methodology and chain of custody. (!) (!) (!)
| Table of Content |
|---|
| 1. death reference confirmation and case background (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details of the prosecution's evidence (Para 7 , 8 , 9) |
| 3. appellant's arguments against conviction (Para 10 , 11 , 12 , 13) |
| 4. prosecution's response to appellant's arguments (Para 14 , 15) |
| 5. court's analysis of evidence (Para 16 , 17 , 18 , 19) |
| 6. consideration of circumstantial evidence (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 7. fundamental principles on proof of guilt (Para 27) |
| 8. judgment and order of acquittal (Para 28 , 29) |
JUDGMENT :
ILESH J. VORA, J.
1. The death reference has come up before this Court for confirmation of a Death Sentence awarded to the appellant – sole accused – Ramesh Bachubhai Vadhukiya, by judgment dated 17.03.2020, passed in Special POCSO (Atro) Case No.28 of 2018, whereby, the Additional Sessions Court at Rajkot, has convicted the appellant accused for the following offences and sentenced as tabulated hereinunder:
| Conviction under Section | Punishment | Fine | In default of fine |
|---|---|---|---|
| 302 of IPC | Death Sentence | Rs.5,000/- | RI for 2 years |
| 376(f)(n) of IPC | Death Sentence | Rs.5,000/- | RI for 2 years |
| 363 of IPC | RI for 7 years | Rs.1,000/- | RI for 1 year |
2. The appellant herein has also questioned the
The prosecution failed to establish a reliable chain of circumstantial evidence necessary for conviction, leading to the acquittal of the accused.
The conviction was based on circumstantial evidence, with DNA and witness testimonies establishing the accused's guilt, affirming the death sentence as the case fell within the rarest of rare categor....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
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 court held that conviction based on circumstantial evidence requires a complete, unbroken chain of circumstances that unerringly point to guilt, which was not established in this case.
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