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2020 Supreme(UK) 34

ALOK SINGH, RAVINDRA MAITHANI
State Of Uttarakhand – Appellant
Versus
Jai Prakash – Respondent


Advocates Appeared:
(Criminal Reference No. 02 of 2019) Mr. V.K. Jemini, Deputy Advocate General with Mr. P.S. Uniyal, Brief Holder for the State. (Criminal Jail Appeal No. 64 of 2019) Ms. Manisha Bhandari, amicus curiae, for the Appellant; (Criminal Reference No. 02 of 2019) Mr. Siddharth Sah, amicus curiae. (Criminal Jail Appeal No. 64 of 2019 )Mr. V.K. Jemini, Deputy Advocate General with Mr. P.S. Uniyal, Brief Holder for the State, for the Respondent

Table of Content
1. factual background of the case (Para 2)
2. defendant's argument against charges (Para 3 , 4)
3. prosecution's case and counterarguments (Para 5 , 6 , 7 , 8)
4. witness testimonies and evidentiary support (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19 , 20 , 21)
5. principles governing circumstantial evidence (Para 24 , 25 , 29)
6. victim's age and relevance to the crime (Para 30 , 32 , 33)
7. assessment of witness credibility (Para 37 , 38 , 39 , 40 , 41)
8. application of death penalty criteria (Para 59)
9. final ruling and order (Para 62 , 63)

JUDGMENT

Ravindra Maithani, J. - I have had the benefit of reading the judgment of Brother, Alok Singh, J. I concur with the conclusion, but I still elaborate my own views in arriving at the conclusion.

2. Facts have already been disclosed. The victims parents, were labourers, who were residing in the makeshift huts at the construction site. She was nine years old. Her uncle, aunt and their two sons were also staying near to their hut. On the fateful day, victim was playing with her cousins. Suddenly, she went missing. A search was made and finally her dead body was recovered from the hut of the appellant. It was hidden below

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