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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Tirath Singh, S/o. Sh. Swami Raj – Appellant
Versus
State of Jammu & Kashmir, through Commissioner/Secretary, Home Deptt. – Respondent
JUDGMENT :
SANJAY PARIHAR, J.
01. The appellant stands convicted by Sessions Judge, Bhaderwah, vide judgment dated 18.11.2015 “the trial Court” for offences punishable under Sections 302/363 RPC in FIR No. 98/2013 of Police Station Bhaderwah, and has been sentenced to capital punishment along with ancillary sentences. The prosecution case, in brief, is that on 03.07.2013 at about 6:00 PM, the minor daughter of PW-Rakesh Kumar, a student of 5th Class, went to a nearby Tourism Canteen to fetch Kurkure but did not return home. Upon search, PW-Rakesh Kumar reached the canteen where PW- Mohd. Sharif, the shopkeeper, allegedly informed him that the appellant had purchased Kurkure and a cold drink for the child and had taken her along despite being told to send her home. The complainant thereafter lodged a written report on 04.07.2013 alleging kidnapping. Despite search efforts, the child could not be traced until 13.07.2013, when the police received information regarding a dead body lying behind bushes near Himant Kach Nallah. The body was recovered in a decomposed state and identified as that of the missing child by PW-Jaswant Singh, her grandfather.
02. According to the prosecution, the b
The main legal point established in the judgment is the application of circumstantial evidence, including the 'last seen theory', recovery of the body from exclusive possession, and the significance ....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The prosecution must establish guilt beyond reasonable doubt, and mere circumstantial evidence or suspicion is insufficient for conviction.
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