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ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI
Rasheed – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. conviction based on circumstantial evidence (Para 1 , 2 , 3 , 4) |
| 2. arguments challenging reliability of evidence (Para 5 , 6 , 7 , 8 , 9) |
| 3. establishing elements of circumstantial evidence (Para 10 , 11 , 12) |
| 4. evaluation of witness credibility and evidence (Para 13 , 14 , 15 , 16 , 17) |
| 5. failure to establish guilt beyond reasonable doubt (Para 18 , 19) |
| 6. conclusion and release of appellants (Para 20 , 21 , 22) |
JUDGMENT :
1. These two appeals are directed against the judgment and order of conviction and sentence dated 06.09.2017, passed by Additional District & Sessions Judge/Fast Track Court, Kanpur Dehat, in Sessions Trial No. 292 of 2013 ( State vs. Rasheed and Another ), arising out of Case Crime No. 29 of 2013, Police Station Chaubeypur, District Kanpur Dehat, whereby the accused appellants Rasheed and Buddhu @ Yunus have been convicted and sentenced to life imprisonment alongwith fine of Rs.25,000/- each under Section 302 IPC and on failure to deposit fine to undergo additional simple imprisonment for a year each; 10 years rigorous imprisonment alongwith fine of Rs.20,000/- each under Section 376(2)(g) IPC and on failure to deposit the fine to undergo addit
For circumstantial evidence, prosecution must establish a complete chain of events consistent only with guilt, leaving no room for reasonable doubt regarding innocence.
The main legal point established in the judgment is the application of circumstantial evidence, including the 'last seen theory', recovery of the body from exclusive possession, and the significance ....
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
In circumstantial murder cases, last seen theory alone cannot sustain conviction without complete evidentiary chain excluding innocence, especially with wide time gap allowing third-party interventio....
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
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