Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, SUNDER MOHAN
Anand – Appellant
Versus
State by: The Inspector of Police, Puduchatram Police Station – Respondent
JUDGMENT :
SUNDER MOHAN, J.
1. These Criminal Appeals have been filed by Accused Nos.1 to 3, challenging the conviction and sentence imposed upon them vide judgment dated 31.10.2019 in S.C.No.99 of 2015 on the file of the learned Principal Sessions Judge, Namakkal.
2. As facts pleaded and submissions made are the same, these three Criminal Appeals are taken up together, heard and disposed of by this Common Judgment.
3. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.
4........
(i) The case of the prosecution is that on 15.12.2014 at about8.30 p.m., all the accused were proceeding in a motorcylce bearing Regn.No. TN28-AM-7204, to go to an isolated place for consuming liquor; that they saw a TVS-50 Super XL Motorcycle bearing Regn.No.TN28-AE-1055 parked in the road; that they also saw the deceased and PW4 near the bike having oral sex and when they went near them, PW4 ran away and they caught hold of the deceased; that when they enquired from the deceased, he told them that he was married and had children; that when the accused asked the deceased to call his wife with an intention to rape her, the deceased called his father [PW1] to send
In criminal proceedings, the prosecution must establish guilt beyond reasonable doubt, and reliance on weak circumstantial evidence fails to support a conviction.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
The prosecution must establish each and every link of the circumstances relied upon in a case based on circumstantial evidence to prove the guilt of the accused beyond all reasonable doubt.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
Conviction based on unreliable evidence, particularly last seen theory and coerced extra-judicial confession, cannot meet the standard of proof beyond reasonable doubt.
In criminal cases relying on circumstantial evidence, the prosecution must prove each circumstance beyond reasonable doubt, and the evidence must form a complete chain that excludes other hypotheses ....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.
Extrajudicial confessions require corroboration and cannot solely establish guilt without reliable evidence.
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
