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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
State of Assam – Appellant
Versus
Md. Samser Ali S/o Late Selam Ali – Respondent
Headnote: Read headnote
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Ms. B. Bhuyan, learned Addl. Public Prosecutor for the State (appellant). Also heard Mr. J.I. Borbhuiya, learned counsel for the respondents.
2. The appellant has filed the present appeal challenging the acquittal of the respondents by the learned Court of Sessions Judge, Nalbari in Sessions Case No. 18/2007, G.R Case No. 327/2005, from the charge under Sections 364 /302/34 IPC.
3. The case of the appellant is that on 28.04.2025, one Md. Hamid Ali (PW-1) lodged an FIR at Belsor Police Station, alleging inter alia, that his daughter Monowara Begum was missing since the evening of 25.04.2025. Though a search had been conducted, she was untraceable. However, on 28.04.2005 at around 1:00
The acquittal of respondents was upheld due to the prosecution's failure to provide credible evidence linking them to the alleged crimes, emphasizing the necessity for a complete chain of circumstant....
Murder – “Last seen” doctrine has limited application, where time lag between time deceased was seen last with accused and time of murder is narrow – Court should not convict an accused only on the b....
It is well settled that in a case of circumstantial evidence, circumstances should be such so as to lead to only one irresistible conclusion, which is incompatible with innocence of accused.
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 ....
The sufficiency of circumstantial evidence, the reliability of witness testimonies, and the application of the Last Seen Together Theory were central to the judgment. The court emphasized the need fo....
Burden of proof under section 106 Indian Evidence Act, 1872, falls upon accused to prove his innocence.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
The need for conclusive evidence and a much higher degree of proof in cases based on circumstantial evidence.
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