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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, NALIN KUMAR SRIVASTAVA
Sattar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. This criminal appeal under Section 374 (2) of the Criminal Procedure Code has been preferred against the judgement and order dated 16.4.2012 passed by the IInd Additional Sessions Judge, Court No.3, Muzaffarnagar in Sessions Trial No.1580 of 2008 (State vs. Sattar), arising out of Case Crime No. 695 of 2008, Police Station Shamli, District Muzaffarnagar whereby the accused appellant was convicted under Sections 363, 302 and 201 IPC and sentenced to undergo four years rigorous imprisonment for the offence under Section 363 IPC with a fine of Rs. 5,000/-, to undergo life imprisonment for the offence under Section 302 IPC with a fine of Rs. 10,000/- and to undergo two years rigorous imprisonment with a fine of Rs. 1000/- for the offence under Section 201 IPC with default clause. All the sentences were directed to run concurrently.
2. The prosecution story, as culled out from the record, is that a missing report Ext. ka-1 in respect of missing of Ummed, aged about 4 years, son of Momin since 10.5.2008 at about 10.00 a.m. was reported at P.S. Kotwali Shamli on 14.5.2008, which was registered at Ext. ka-5. Subsequently, another application Ext. ka-2
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.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
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.
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 ....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence to prove guilt beyond reasonable doubt.
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