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VIJAY KUMAR SHUKLA, HIRDESH
Banti @ Bharat Jat @ Bhura – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This criminal appeal has been filed preferred by the appellant being aggrieved by the judgment dated 21.8.2012 passed by passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Indore in Special Session Trial No.64/2010 whereby the trial Court has convicted the appellant of offence punishable under section 376 (2)(F) of IPC and sentenced him to undergo 10 years’ R.I. with fine of Rs.1000/- and in default of payment of fine, three months’ additional imprisonment.
2. According to prosecution story, on 7.6.2010 at 11.30 a.m. blooded dead-body of victim aged 5 years daughter of Laaduram Bhilala was found from railway campus of Cabin “C” under the Rajkumar Bridge, Indore. Then it was informed by PW-3 Mukesh Aacharya, Superintendent, Railway Station vide Ex.P-1 to GRP Police Station, Indore, which was registered as Merg intimation No.15/2010 at police station -Tukoganj, Indore. Sub-inspector Irfaan Saiyad PW-17 enquired the Merg by reaching at spot and prepared spot map Ex.P-25 and scientific officer also prepared spot map Ex.P-12. PW-1 Sub-inspector Irfaan Saiyad seized plain soil and blooded soil from the spot and prepared seizure memo Ex.P-1 and prepared dead-body Pa
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
Conviction based on circumstantial evidence requires a complete chain proving guilt beyond reasonable doubt; mere suspicion is insufficient.
Circumstantial evidence alone, especially the last seen theory without corroboration, is insufficient for conviction; guilt must be established beyond reasonable doubt.
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
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