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VIVEK AGARWAL, DEVNARAYAN MISHRA
Ram Prasad Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. criminal appeal details and convictions outlined. (Para 1 , 2) |
| 2. background of victim's abduction and discovery. (Para 3 , 4 , 65) |
| 3. arguments regarding victim's age questioned. (Para 5 , 6 , 7 , 8 , 9) |
| 4. counsel cited various precedents on admissibility of evidence. (Para 10 , 11 , 12 , 13 , 14 , 17 , 18 , 19) |
| 5. concerns over authenticity of forensic evidence. (Para 20 , 21 , 22 , 23) |
| 6. chain of evidence brought into question for prosecutions. (Para 24 , 25 , 30 , 31 , 32) |
| 7. legal standards for circumstantial evidence discussed. (Para 33 , 34) |
| 8. government advocate asserts evidence supports conviction. (Para 35 , 36 , 37) |
| 9. court's evaluation of legal standards regarding evidence. (Para 38 , 44 , 46 , 47) |
| 10. death penalty considerations and reasoning explained. (Para 39 , 40 , 58 , 59) |
| 11. discussion on mitigating factors in sentencing. (Para 60 , 61 , 62 , 70) |
| 12. conclusion regarding sentencing discrepancies. (Para 78 , 79) |
| 13. final sentencing and appeal conclusions drawn. (Para 80 , 81 , 82 , 83) |
JUDGMENT
Agarwal, J. -- 1. Criminal Appeal No.885/2021 is filed on behalf of Appellant No.1 Ram Prasad Ahirwar & Appellant No.2 Banshilal Ahirwar and Criminal Reference
The court emphasized the need for credible evidence in establishing the victim's age in sexual offences and the exceptional nature required to impose death penalties, particularly in cases involving ....
(1) Constitutional guarantees of equality before law, protection of life and personal liberty, protection in respect of conviction, and protection against arrest and detention, do not expand into a c....
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
The court upheld the conviction based on circumstantial evidence and mitigated the death penalty to life imprisonment considering the age of the accused, the fact that he is a father of a girl child,....
The judgment underscores the importance of a complete chain of circumstantial evidence and the evidentiary weight of DNA analysis in securing a conviction for serious crimes.
The judgment emphasizes the need for complete and irrefutable circumstantial evidence to sustain a conviction and deliberates on the appropriateness of the death penalty, emphasizing that it should b....
The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 year....
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
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