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PRITINKER DIWAKER, NALIN KUMAR SRIVASTAVA
Murari Lal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Hon'ble Pritinker Diwaker, J.
Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Rajeev Nayan Singh, appearing for the appellants and Sri J.K. Upadhyay, learned AGA for the State.
2. This death reference was made to this Court under Section 366 of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.') for confirmation of death sentence awarded to the appellants. The death reference and capital case are heard together and this judgement will govern both the capital case as well as the death reference.
3. This death reference and the capital case arise out of the judgment and order dated 10.1.2020 passed by the Additional Sessions Judge/Special Judge, POCSO Act, Court No. 9, Bareilly in Criminal Case No. 753 of 2019 (C.I.S. No. 1500286/2018) (State v. Murari Lal and another), arising out of Case Crime No. 50 of 2016 under Section 302/34, 201, 376D of I.P.C., Section 6 of POCSO Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Nawabganj, District - Bareilly and sentencing them to death sentence with fine of Rs. 50,000/- under Section 302 I.P.C., in default of payment of fine, one year additional imprisonment, 7 y
Circumstantial evidence must be conclusive and extra-judicial confessions require corroboration; failure to meet these standards results in acquittal.
Extrajudicial confessions must be voluntary and credible; reliance on circumstantial evidence requires a complete and conclusive chain excluding reasonable doubt for a conviction.
The prosecution must establish guilt beyond reasonable doubt, and mere circumstantial evidence or suspicion is insufficient for conviction.
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.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
Conviction based on unreliable evidence, particularly last seen theory and coerced extra-judicial confession, cannot meet the standard of proof beyond reasonable doubt.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
Extra-judicial confessions must be corroborated and cannot solely support a conviction, especially when obtained under duress.
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