Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2211

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Manindra Mohan Shrivastava, Vinod Kumar Bharwani, JJ.
Ramkumar @ Ramu & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Suspension of Sentence Application No. 786, 681 of 2021 In Criminal Appeal No. 469 of 2019
Decided On : 15-11-2021

Advocates appeared:
Krishan Kumar Chhawal, Advocate, Prahlad Sharma, Advocate, K.S. Rajawat, Advocate, Ram Joshi, Advocate, Rekha Madnani, Advocate

The legal principle established is that a conviction based solely on weak circumstantial evidence, without direct incriminating links, may not withstand scrutiny, warranting suspension of sentence and bail.

Headnote:
[SUSPENSION] - [CONVICTION BASED ON CIRCUMSTANTIAL EVIDENCE] - [The court considered the weak circumstantial evidence of 'last seen' and the lack of incriminating nature of the recovered items. The prosecution's failure to establish a direct link between the appellants and the crime influenced the decision to suspend the sentence and grant bail.]
Fact of the Case:

The appellants, Ram Kumar and Meenakshi, were convicted based on circumstantial evidence, particularly the 'last seen' principle, where the deceased was last seen with them before his body was discovered.
Finding of the Court:

The court found that the circumstantial evidence presented was weak, particularly regarding the recovery of a stole and a motorcycle, which did not conclusively link the appellants to the crime.
Issues: Whether the circumstantial evidence was sufficient to uphold the conviction and whether the appellants should be granted bail pending appeal.
Ratio Decidendi: The court emphasized that the prosecution must provide strong and conclusive evidence to support a conviction, especially when relying on circumstantial evidence. The lack of direct evidence or clear incriminating circumstances led to the decision to suspend the sentence.
Result: The applications for suspension of sentence and bail were allowed, with the appellants required to furnish a personal bond and local surety.

JUDGMENT

1. Heard on applications for suspension of sentence filed on behalf of appellants Ram Kumar and Meenakshi.

2. Learned counsel for the appellants would argue that the conviction of the appellants is based on the weak circumstantial evidence of last seen. He would submit that as far as the recovery of stole and motorcycle is concerned, it is not incriminating in nature because the prosecution failed to prove that the stole belonged to Meenkshi and was the one which was earlier given by appellant Meenakshi and then it was found from the dead body.

3. As far as recovery of motorcycle is concerned that the motorcycle did not belong to the deceased and therefore recovery of keys of the motorcycle does not lead to any incriminating adverse circumstance.

4. Learned State counsel on the other hand would argue that in the CCTV footage and also from the evidence it has come on record that the deceased had gone along with appellants and thereafter, did not return and on next day his dead body was found in open place. It was for the appellants to explain as to when and in what manner they parted with the deceased.

5. Taking into consideration the aforesaid submissions as also the fact that learned trial Court has convicted the appellants on the circumstantial evidence of last seen and there is no other clinching evidence of any enmity, at this stage, we are inclined to allow the applications for suspension of sentence of the appellants.

6. Accordingly, applications for suspension of sentence and grant of bail are allowed. It is directed that the substantive jail sentence awarded to the appellants Ram Kumar and Meenakshi are suspended and they shall be released on bail on each of them furnishing a personal bond of Rs.50,000/- each along with one local surety of the like amount to the satisfaction of the Trial Court, for their appearance before the concerned Trial Court on 20.12.2021 and on all such further dates as may be directed by the said Court, interval being not less than one year, during the pendency of the appeal.

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