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Jiut – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction based on circumstantial evidence (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. challenge to the evidentiary weight of child witness testimony (Para 8 , 9 , 10) |
| 3. doubts regarding child witness credibility (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. importance of corroboration of testimony (Para 20 , 21 , 22 , 23) |
| 5. last seen theory cannot solely establish guilt (Para 24 , 25 , 26) |
| 6. circumstantial evidence must be persuasive and clear (Para 30 , 31 , 32 , 33 , 34) |
| 7. insufficient evidence leading to reasonable doubt (Para 38 , 40 , 41) |
| 8. judgment overturned due to lack of evidence (Para 52) |
JUDGMENT :
(Delivered by Justice Sunit Aggarwal)
1. Heard Sri Raunak Chaturvedi, learned Amicus Curiae for the appellant Brij Kishor and Sri Rupak Chaubey, learned AGA for the State-respondent.
2. The present appeal is directed against the judgment and order dated 4th August, 1989 passed by the Ist Additional District & Sessions Judge, Gorakhpur in Sessions Trial No. 189 of 1987 whereby two appellants herein namely Jiut and Brij Kishor were convicted for the offence punishable under Section 302 readwith Section 34 IPC and sentenced for life imprisonment and a fine of Rs. 1000/- each.
3. At
Murder – “Last seen” doctrine has limited application, where time lag between time deceased was seen last with accused and time of murder is narrow – Court should not convict an accused only on the b....
It is well settled that to sustain a conviction, where evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should, in the first instance, be fu....
The court emphasized that circumstantial evidence must be reliable and corroborated; mere reliance on the last seen theory is insufficient for conviction.
(1) While appreciating evidence in criminal cases, there cannot be a strait-jacket formula. Evidence must be appreciated from perception of a prudent common man.(2) Conduct of a stranger eyewitness t....
The sufficiency of circumstantial evidence, the reliability of witness testimonies, and the application of the Last Seen Together Theory were central to the judgment. The court emphasized the need fo....
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