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IN THE HIGH COURT OF TELANGANA
K.SURENDER, E.V.VENUGOPAL
Ajmeera Shivala Shiva Mahabubabad – Appellant
Versus
State Of Telangana Rep PP – Respondent
| Table of Content |
|---|
| 1. filing of appeal against conviction. (Para 1) |
| 2. (Para 3 , 4 , 5 , 6 , 17 , 18 , 19) |
| 3. appellant's argument about reliance on confession. (Para 7 , 8 , 9) |
| 4. challenges to the validity of the extra-judicial confession. (Para 10 , 11) |
| 5. concerns about the reliability of witness testimony. (Para 12 , 13) |
| 6. jurisprudence surrounding last seen evidence. (Para 14 , 15 , 16) |
JUDGMENT :
K.Surender, J.
1. The Appeal is filed by the appellant aggrieved by the judgment dated 11.11.2016, in S.C.No.715 of 2011, on the file of VI Additional Sessions Judge, at Mahbubabad. The appellant was convicted for the offences punishable under Sections 302 and 379 of IPC and sentenced to undergo life imprisonment.
2. Heard learned counsel for the appellant and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State.
3. The dead body of Boda Dubli (deceased), who was 45 years old, was found on 12.07.2009 around 8 a.m., behind the Government Junior College, Mahbubabad. On the basis of the information given to P.W.1, who is the daughter of the deceased, and P.W.1’s father, who was the complainant (died during the pendency of the trial), they went there and found the dead b
Conviction cannot rely solely on extra-judicial confessions or 'last seen' evidence without corroborative proof or clear circumstantial links.
In criminal cases relying on circumstantial evidence, the prosecution must prove each circumstance beyond reasonable doubt, and the evidence must form a complete chain that excludes other hypotheses ....
For a conviction based on circumstantial evidence, every link in the chain must be established beyond reasonable doubt; mere confessions are inadequate without corroborative evidence.
The prosecution must establish guilt beyond reasonable doubt, and mere circumstantial evidence or suspicion is insufficient for conviction.
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt; failure to do so warrants acquittal.
Conviction based on circumstantial evidence requires a complete and cogent chain of circumstances; extra-judicial confessions must be corroborated by reliable evidence.
The sufficiency of circumstantial evidence and the last seen theory in establishing the guilt of the accused.
(1) Circumstantial evidence – Conclusions of guilt arrived at must be sure conclusions and must not be based on vague conjectures.(2) Extra judicial confession is a weak kind of evidence – Extra judi....
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
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