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IN THE HIGH COURT OF ALLAHABAD
Rajiv Gupta, Samit Gopal
Naushad – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case and evidence collection. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. details of the trial and witness testimonies. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. court's observations on the credibility of witnesses. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. discussion on the investigation and procedural irregularities. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. arguments presented by both parties regarding the evidence. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 6. ratio decidendi regarding admissibility of evidence and burden of proof. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67) |
| 7. final judgment and orders issued by the court. (Para 73 , 74 , 75 , 76 , 77 , 78 , 79) |
JUDGMENT :
1. These two appeals are connected together as they are of co-accused and arise out of the same judgement and order of conviction.
3. A typed application dated 10.8.2017 was given by Nadeem addressed to the Inspector Police Station Kotwali Devband, district Saharanpur alleging therein that his son Mohd. Zaid aged about 5 years and describing his physique wearing w
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In cases where the evidence is purely circumstantial in nature, the circumstances from which the conclusion of guilt is sought to be drawn must be fully established beyond any reasonable doubt and su....
The conviction based on circumstantial evidence is not sustainable without a complete chain of evidence, and undue delay in handling forensic samples raises integrity concerns.
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In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is ....
The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to their acquittal under IPC and SC/ST Act.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances that excludes any reasonable hypothesis other than guilt, failing which the accused is enti....
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