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2015 Supreme(SC) 421

T.S.THAKUR, R.BANUMATHI
RANJEET KUMAR RAM @ RANJEET KUMAR DAS – Appellant
Versus
STATE OF BIHAR – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The prosecution case cannot be dismissed solely on the ground of defective investigation. Even if there are lapses, such as not taking the accused to the place of occurrence, these do not necessarily undermine the overall case if the evidence is otherwise credible (!) (!) (!) .

  • The recovery or tracing of the dead body is generally necessary for conviction in murder cases. However, the absence of the dead body or lapses in recovery do not automatically result in acquittal if other evidence sufficiently establishes the guilt of the accused (!) (!) (!) (!) .

  • Evidence of a child's testimony, especially in cases involving minors, is considered trustworthy when the child's understanding and competence are properly ascertained and the testimony is consistent and corroborated by other evidence (!) (!) .

  • Identification of the accused in court, even if not during a test identification parade, can be considered reliable if the court finds the identification credible and the witness capable of understanding the questions (!) (!) .

  • Evidence such as recovery of currency notes with signatures, conduct of the accused, and their involvement in the sequence of events can establish their complicity and common intention in crimes like kidnapping and murder (!) (!) (!) .

  • Statements made by the accused, even if not admissible under certain sections of the Evidence Act, can still be relevant if they lead to the discovery of facts like the location of the dead body or other circumstances that support the case (!) (!) (!) .

  • The conduct of the accused, such as not reacting to evidence of their involvement or sharing common plans, can be used to infer their involvement and common intention in the commission of the offense (!) (!) .

  • Suspicion alone is insufficient for conviction; there must be cogent and reliable evidence linking the accused to the crime (!) (!) .

  • Even when investigation is not perfect, the rest of the evidence must be independently scrutinized, and lapses in investigation do not necessarily lead to acquittal if the evidence against the accused is otherwise strong (!) (!) .

  • The absence of the dead body or incomplete recovery does not automatically benefit the accused, as the evidence can still establish guilt through circumstantial evidence and other circumstances (!) (!) .

  • The courts have the authority to uphold convictions based on the totality of evidence, including eyewitness testimony, conduct, and circumstantial links, even if some procedural lapses or evidentiary issues exist (!) (!) .

Would you like a more specific legal analysis or assistance with drafting a legal opinion based on these points?


JUDGMENT

R. BANUMATHI, J.

These appeals are directed against the judgment dated 11.10.2010 passed by the Patna High Court in Criminal Appeals (DB) No.268/2008, 357/2008, 451/2008, No.156/2008 and Death Reference No.6/2008, in and by which, the High Court dismissed the appeals filed by the accused persons confirming the verdict of conviction on the charge of murder of five years old boy Vicky and dismissed the death reference by converting the death sentence of Chintoo Singh (A-5) into life imprisonment.

2. On 27.02.2006, Sunil Kumar Singh-PW8, a vegetable vendor in Paswan Chowk, lodged a complaint stating that his son Vicky aged five years was playing near PW8’s vegetable shop and Rubi Kumari aged seven years sister of the victim boy Vicky was also playing with him. At that time two unknown persons [later identified as Chintoo Singh (A-5) and Birendra Bhagat (A-3)] offered chocolates to Vicky and other children and took away Vicky saying that they would come back and drop the boy; but the boy Vicky did not come back. On the above complaint on 28.02.2006, a case was registered as P.S. Case No.105/2006 at Hazipur Town (Industrial Area), Police Station, Vaishali. Inspite of search, th






























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