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MICHAEL ZOTHANKHUMA, MALASRI NANDI
Sunil Murari, Dibrugarh, Assam – Appellant
Versus
State of Assam, Represented by the P. P. Assam – Respondent
JUDGMENT AND ORDER :
Malasri Nandi, J.
1. Heard Ms. B. Sarma, learned Amicus Curiae. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.
2. This appeal has been preferred by the sole appellant challenging the impugned judgment and order dated 07.12.2019 passed by the learned Sessions Judge, Dibrugarh, in connection with POCSO Case No. 39/2015, whereby the appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to undergo rigorous imprisonment for 1 month. The appellant was also convicted under Section 4 of the POCSO Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to undergo rigorous imprisonment for 1 month. The appellant was also convicted under Section 366 IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/-, in default of payment of fine to undergo rigorous imprisonment for 1 month. All the sentences were directed to run concurrently.
3. The brief facts of the case is that the informant lodged an FIR on 02.01.2015 before the Officer-
Point of Law : Contradictory statements regarding extra judicial confession made by the accused/appellant, we are of the view that such type of extra judicial confession has no such value in the eye ....
Burden of proof under section 106 Indian Evidence Act, 1872, falls upon accused to prove his innocence.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be....
In criminal cases based on circumstantial evidence, all circumstances must be proven beyond reasonable doubt to establish guilt, and inconsistencies in witness testimonies can lead to acquittal.
The principle that the last seen theory requires corroborative evidence to establish guilt beyond reasonable doubt, particularly in cases involving serious charges such as murder and sexual assault.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
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