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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
Shambhulal S/o Rama Ji – Appellant
Versus
Rameshwar S/o Sukha – Respondent
JUDGMENT :
1. The instant D.B. Criminal Appeal has been preferred by the appellant-complainant under Section 372 Cr.P.C. read with Section 413 of the B.N.S.S., 2023, assailing the validity of the judgment dated 09.07.2024 passed by learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Bhilwara (hereinafter referred to as “the learned trial court”) in Sessions Case No.45/2018 (C.I.S. No.23/20), whereby the learned trial court acquitted the accused-respondents, namely, Rameshwar & Ramkanya of the charges levelled against them.
2. As per the prosecution case, on 30.01.2018, the complainant-appellant Shambhulal submitted a written report at Police Station Mandal stating therein that his son Narendra @ Nagjiram aged about 11 years, a student of Class VI at Gopal Dwar, Senior Secondary School, had left home at around 11:00 AM for attending school but did not return even after the school was closed at about 3:30 PM. It was further alleged that despite making extensive efforts to search for him at all possible places, his whereabouts could not be traced.
3. On the basis of the said information, a formal FIR No.34/2018 (Ex.P/25) was registered at Police Sta
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
When both the courts below recorded concurrent finding of facts, Supreme Court therefore should focus its analysis on the legal aspects emanating from the concurrent findings so recorded. It should n....
The sufficiency and reliability of circumstantial evidence, including the last seen theory, motive, abscondence, and recovery of evidence, in establishing guilt beyond reasonable doubt.
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