Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
ABC – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 3.3.2015, passed by learned Principal Magistrate (Juvenile Justice Board), (PMJJB), Una, District Una, HP, vide which the juvenile in conflict with law (JCL) was acquitted of the accusations under Sections 364, 302 and 201 of the Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present revision are that the police filed a charge sheet before the JJB against the JCL for the commission of offences punishable under Sections 302 and 201 of the IPC. It was asserted that the informant, Ashok Kumar (PW2), was married to Raj Kumari. Two children were born to them. The informant was serving at New Delhi in Thapar Farm House. He received a call from his wife on 16.10.2008 that their son Manish, alias Mithu, was missing, and he could not be found despite an extensive search. The informant rushed to his home. His wife told him that a missing person report was lodged at the Police Station; however, Manish could not be found anywhere. Tara Chand, the in
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
The main legal point established in the judgment is the requirement for conclusive establishment of each circumstance in a case based on circumstantial evidence, as governed by Section 27 of the Evid....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
In murder cases based on circumstantial evidence, all circumstances must be conclusively proven, leaving no gaps in the evidence chain for a conviction.
(1) Disclosure statement – Once information is given by accused, same information cannot be used even if voluntarily made by a co-accused who is in custody – Section 27 of Evidence Act does apply to ....
The prosecution must prove its case beyond reasonable doubt, and a weak motive can undermine convictions; corroborated evidence must link defendants to the crime convincingly.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
