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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, R.K.PATTANAIK
State of Odisha – Appellant
Versus
Mohammed Mustak – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2 , 3) |
| 2. prosecution evidence and witness testimonies. (Para 4 , 5 , 6) |
| 3. defence arguments presented. (Para 7) |
| 4. analysis of circumstantial evidence by the court. (Para 8 , 9 , 10) |
| 5. court's findings on homicide, rape and kidnapping. (Para 11 , 12 , 13) |
JUDGMENT :
The reference under section 366 of the Code of Criminal Procedure, 1973 has been submitted to this Court by the learned 3rd Additional Sessions Judge -cum- Presiding Officer, Children’s Court, Cuttack (hereinafter ‘the trial Court’) in Special G.R. Case No.44 of 2018 for confirmation of death sentence imposed on Mohammad Mustak (hereinafter ‘the appellant’) by the judgment and order dated 18.09.2019/19.09.2019 and accordingly, DSREF No.04 of 2019 has been instituted. CRLA No.817 of 2019 has been filed by the appellant challenging the self-same judgment and order of conviction passed by the learned trial Court.
The appellant faced trial in the trial Court for commission of offences under sections 363/364/376AB/302 of the Indian Penal Code (hereinafter ‘the IPC ’) read with section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO
Court emphasized the application of circumstantial evidence principles where all links confirmed the appellant's guilt in the kidnapping, sexual assault, and murder of a minor, upholding a death sent....
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
For conviction under circumstantial evidence, the complete chain implicating guilt must exclude reasonable doubt of innocence.
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
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