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RITU BAHRI, ALOK KUMAR VERMA
Virendra Singh Rawat – Appellant
Versus
State of Uttarakhand – Respondent
Headnote: Read headnote
JUDGMENT :
RITU BAHRI, C.J.
1. The appellant has come up in appeal against the judgment and order dated 12.08.2013, passed by the learned Additional Sessions Judge, Kotdwar, Pauri Garhwal, Uttarakhand in Sessions Trial No. 40 of 2012, whereby the respondent no. 2 has been acquitted for the offence under Sections 302, 376, 201 of the Indian Penal Code, 1860.
2. The prosecution case in a nutshell is that an application was given by applicant (Appellant in the present appeal) to the Patwari Patti Seela-1, Kotdwar stating that his daughter, aged 17 years, was missing since 09.08.2012 whose missing report was filed by the applicant on 12.08.2012 in the Police Chowki-Dugadda, later during the search, the dead body was found on 13.08.2012 in the bushes in a deep ditch of Parry Ki Roli, about 300 meters below the residential house of the applicant within the limits of Village-Jhwanasar. The same day when the girl was missing, accused Sohan Singh resident of Village Jamargaddi/Katal came to Village Jhwanasar and had drunk in the house of Kesavanand and went towards his village Katal at around5 pm. The appli
An accused cannot be convicted based solely on suspicion; proof beyond reasonable doubt is essential, especially in circumstantial evidence cases.
Conviction based solely on circumstantial evidence requires a complete and coherent chain of events that excludes all reasonable hypotheses of innocence.
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.
The prosecution must establish a complete chain of circumstantial evidence leading to the only conclusion of guilt for a conviction to be sustainable.
Circumstantial evidence must establish a complete chain of circumstances excluding reasonable doubt for a conviction under Section 302 IPC.
Rape – Conviction cannot be recorded where apart from statement of victim, even medical evidence did not show that rape was committed upon her.
The significance of motive in cases of circumstantial evidence, the burden of proof on the accused in cases of murder committed in secrecy inside a house, and the application of Section 106 of the Ev....
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