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IN THE HIGH COURT OF ALLAHABAD
Siddhartha Varma, Dinesh Pathak
Akram – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. Upon the disappearance of one Salman on 6.11.2011, a Gumshudgi/missing report was got reported by his father Shamim S/o Bundu Hasan. In the Gumshudgi report, it was stated that the younger son of Shamim had, from his telephone number 8126580512, rung up the missing son of Shamim at his phone number 8126573540 and the missing son- Salman had informed the son who had rung up that he was at Sidki, Saharanpur and he would be reaching in half an hour. However, when Salman did not reach his house, the Gumshudgi Report was got reported on 07.11.2011. This was exhibited as 'Exhibit Ka-2'. When, however, a search was made and Salman was not found then on 15.11.2011 a First Information Report was got lodged by the father of the missing son. It was categorically stated that the son of the first informant had left the house on his Tempo No.UP 11 T 5974 on 06.11.2011 in the morning and had gone to Saharanpur for the purpose of carrying passengers. It had further been stated that as per the missing report at about 11.00 A.M. on 06.11.2011, the missing son Salman had stated that he was in Sidki, Saharanpur and would come back in about half an hour. But when he did not come back by th
The prosecution must establish a complete chain of circumstantial evidence, and failure to conduct essential forensic tests, such as DNA, undermines the case against the accused.
The court emphasized that for a conviction based on circumstantial evidence, a complete chain of circumstances must be established, excluding all reasonable hypotheses of innocence.
The main legal point established in the judgment is the significance of a complete chain of circumstances in establishing guilt in a case based on circumstantial evidence, and the limitations of moti....
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....
Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.
The main legal point established in the judgment is that the chain of events pointing exclusively to the guilt of the accused-appellant was not established based on circumstantial evidence.
The judgment emphasizes the need for strong, reliable, and trustworthy evidence in cases of grave offenses, highlighting the importance of establishing a cogent motive and the necessity of circumstan....
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