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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL, CHANDRA PRAKASH SHRIMALI
Raghuveer Son Of Shri Lakhan Singh – Appellant
Versus
State Of Rajasthan, Through Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. conviction details and summary of sentences. (Para 1 , 2) |
| 2. witness reports and initial accusation. (Para 3) |
| 3. defense arguments questioning evidence and reliability. (Para 4 , 5 , 6 , 7) |
| 4. circumstantial evidence reliance and credibility. (Para 10 , 11) |
| 5. analysis of witness contradictions affecting case. (Para 12 , 13 , 14 , 15) |
| 6. recovery evidence and its implications on trial. (Para 16 , 17 , 18 , 19 , 20) |
| 7. critique of forensic evidence and its handling. (Para 21 , 22 , 23 , 24) |
| 8. inadequate evidence leading to appeal outcome. (Para 28) |
| 9. final decision includes acquittal and bail conditions. (Para 29 , 30 , 31 , 32 , 33) |
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.
1.This criminal appeal assails the judgment dated 29.06.2016 passed by learned Sessions Judge, Dholpur (for short, ‘learned trial Court’) in Sessions Case No.88/2013 whereby, the accused- appellant (for short, ‘appellant’) has been convicted and sentenced as under:
Section 376(2)(i) IPC: Life imprisonment and fine of Rs. 5,000/-; in default whereof, one year additional simple imprisonment.
Section 6 of Protection of Children from Sexual Offences Act, 2012: Life imprisonment and fine of Rs. 5,000/-; in default
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt; inconsistencies in witness testimony and doubts over evidence credibility can lead to acquittal.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, especially in capital cases; failures in fair trial procedures and unreliable circumstantial evidence undermine convicti....
The conviction based on circumstantial evidence is not sustainable without a complete chain of evidence, and undue delay in handling forensic samples raises integrity concerns.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
(1) Circumstantial evidence – Where a case rests on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible with ....
The judgment underscores the principle that the prosecution must prove its case beyond a reasonable doubt, particularly in serious offenses like kidnapping and murder.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
(1) DNA report is substantive piece of evidence and same could not have been tendered in evidence through affidavit – Only evidence of formal nature can be given on affidavits.(2) Circumstantial evid....
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
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