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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, NUPUR BHATI
State of Rajasthan – Appellant
Versus
Deva Ram S/o Netiji – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. The State of Rajasthan has filed this appeal under section 378 of the Code of Criminal Procedure against the judgment dated 27.02.1997 passed by the learned Additional Sessions Judge, Bali, (Rajasthan) (hereinafter referred as ‘Trial Court’) in Sessions Case No.14/1985, whereby the accused was acquitted from the charges framed for the offences under sections 302, 364 and 417 of the INDIAN PENAL CODE .
2. Succinctly stated, the facts of the case are that the complainant, namely, Mr. Hussain submitted a written complaint (Ex.P/39) on 14.05.1985 before the S.H.O., Police Station, Nana, District Pali, stating therein that on 11.05.1985, his nephew namely, Saleem and Harun who were engaged in the business of buying and selling goats, came to him and apprised that they have made a deal with Deva son of Neti Raika to buy 100 goats and asked the complainant to give them Rs.15,000/-. In the written complaint, it was further stated that he (complainant) gave a sum of Rs.15,000/- to Saleem, the denomination whereof was; hundred currency notes were of Rs.100/- and hundred currency notes were of Rs.50/-. Thereafter, his nephews went to Kothar, however, the complainan
In appeals against acquittal, the burden of proof remains with the prosecution, and an acquittal should be upheld if any plausible view supports the trial court's decision.
The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to their acquittal under IPC and SC/ST Act.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.
Convictions under Section 302 of IPC require corroborative evidence, and in the absence of reliable evidence, guilt cannot be established beyond reasonable doubt.
The use of inadmissible evidence, particularly confessions made to police officers, is grounds for overturning a conviction under criminal law.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC stat....
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