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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, Jasjit Singh Bedi
Rajiv Nath – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J. -
The present appeal has been filed against the judgment of conviction and order of sentence dated 03/06.04.2005 passed by the Addl. Sessions Judge, Panipat.
2. The FIR was registered on 07.01.2003, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Panipat is dated 03/06.04.2005, the appeal was filed on 12.07.2004 and the matter is being taken up for hearing now i.e. after a period of more than 23 years from the date of registration of the FIR.
3. The brief facts of the prosecution case are that on 07.01.2003, Sandeep Singh, SI, SHO, alongwith other police officials was present near Ganda Nala, Barsat Road, Panipat, in connection with the patrolling where complainant Prithvi Singh son of Joga Ram, Jat, resident of village Chandoli, District Panipat, met him at Ganda Nala of Barsat Road and got recorded his statement, Ex.PD to the effect that he was an agriculturist. There was a Dera and Mandir near his Fields. The said Dera was situated in three Bighas and 18 bighas of agricultural land which was fit for cultivation and was owned by the Dera. In the said Dera, Baba Shiv Nath and his disciple Maya Ram son of Sita Ram, B
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
The judgment underscores that a conviction based solely on circumstantial evidence must establish an unbroken chain of events leading to guilt, with comprehensive corroboration against multiple hypot....
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
For a conviction based on extra-judicial confession, corroborative evidence is essential, and any substantial contradictions in testimonies undermine its reliability.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.
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