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SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Debojit Panika Charaideo Sonari – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. N.J. Das, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel/Addl. Public Prosecutor, Assam assisted by Ms. M. Chakraborty, learned counsel appearing for respondent.
2. This appeal is preferred against the judgment and order dated 28.09.2018 passed by the Addl. Sessions Judge, Charaideo in Sessions Case No. 10(S-C) of 2016 whereby the appellant was convicted under Section 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 and 7 years of rigorous imprisonment for Section 201 of the Indian Penal Code and to pay fines, with default stipulations.
3. The prosecution in a nutshell is like this Smt. Sumitra Panika had adopted a minor girl called Soru Kharia. Smti. Sumitra Panika is the mother of the present appellant. On the other hand, Soru Kharia is the niece of the complainant Babu Paik.
4. At the relevant time of occurrence, Sumitra Panika had gone out of her house for treatment of her illness and Soru Kharia disappeared. While Sumitra Panika had gone out of her house, the custody of Soru Kharia was given to the appella
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The sufficiency of circumstantial evidence, the need for conclusive proof, and the requirement to prove motive beyond reasonable doubt in cases based on circumstantial evidence.
Conviction under IPC Sections 364A and 302 was overturned due to lack of direct evidence linking the appellant to the crimes, highlighting the necessity of corroborating evidence in circumstantial ca....
Prosecution is required to prove the charge beyond reasonable doubt and not beyond all iota of doubt.
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
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