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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, VINAY SARAF
Krishna Kumar Rajak – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
Vinay Saraf, J.
1. The appellants have preferred the instant appeal being aggrieved by the judgment dated 04.02.2020 delivered by the Special Judge, Schedule Castes & Schedule Tribe (Prevention of Atrocities) Act, Mandla in Special Case No.18/2017, whereby learned Special Judge has convicted the appellants Krishna Kumar Rajak and Satyendra Varkade under Section 302 read with Section 34 of the IPC, 201 of IPC and sentenced each of them to undergo imprisonment for life and RI for three years respectively and fine amount of Rs.10,000/- and Rs. 2000/- with default stipulation, however, learned Special Judge acquitted co-accused Brajesh @ Ghoi Maravi from all the charges and appellants were also acquitted from the charges leveled under Section 3(2)(5) of the Schedule Tribe and Schedule Caste (Prevention of Atrocities) Act, 1989 and 376 (D) of I.P.C.
2. Prosecution case in brief is that on 21.11.2016, Simbhu Das Bairagi (PW1), Village Kotwar of Village Keriwah informed to the Police Niwas, District Mandla that dead body of a young lady is lying in the forest of Village Keriwah and several parts of the body were eaten by wild animals. Upon his information, Police went at the spot
The court established that mere suspicion cannot replace proof beyond reasonable doubt, especially in circumstantial evidence cases.
The main legal point established in the judgment is that extra judicial confession and recovery of evidence are weak pieces of evidence and must inspire confidence. The prosecution must establish a c....
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
For a conviction based on extra-judicial confession, corroborative evidence is essential, and any substantial contradictions in testimonies undermine its reliability.
The prosecution must establish the guilt of the accused beyond reasonable doubt, particularly in murder cases, and rely on corroborative evidence for extra-judicial confessions.
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