The central legal point established in the judgment is the requirement for the prosecution to provide clinching evidence in cases reliant on circumstantial evidence, and the impact of the failure to collect crucial evidence on the benefit of doubt given to the accused.

Sureshwar Thakur, J.

1. The instant appeal stands directed against the judgment of the learned Sessions Judge, Kangra at Dharamshala, Himachal Pradesh, rendered on 22.01.2010, in Session Case No.21-P/VII-2009, whereby the learned trial Court acquitted the accused for committing offences punishable under Sections 302, 392 and 201 IPC of the Indian Penal Code.

2. The facts relevant to adjudicate the instant appeal are that on 17.3.2009 at about 5.15 p.m. in Dodra Forest the accused intentionally and voluntarily committed murder of Chameli Devi. It is further alleged that on the same date time and place the accused intentionally and voluntarily committed robbery and also caused disappearance of the evidence with the intention to screen himself from legal punishment. On conclusion of investigations into the offences allegedly committed by the accused a report under Section 173 of the Code of Criminal Procedure stood prepared and presented in the competent Court.

3. Accused/respondent stood charged by the learned trial Court for committing offences punishable under Sections 302, 392 and 201 of the Indian Penal Code. In proof of the prosecution case, the prosecution examined 14 witnesses. On closure of the prosecution evidence, the statement of the accused under Section 313 Cr.P.C. was recorded, in which he pleaded innocence. On closure of proceedings under Section 313 Cr.P.C. the accused was given an opportunity to adduce evidence in defence yet he chose not to lead any evidence in defence.

4. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal in favour of the accused/respondent.

5. The appellant/State stands aggrieved by the judgment of acquittal recorded by the learned trial Court. The learned Additional Advocate General has concerted to vigorously contend qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of evidence on record, rather, theirs standing sequelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of acquittal being reversed by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of conviction.

6. The prosecution case against the accused/respondent in its entirety rests upon circumstantial evidence. In a prosecution case anvilled upon circumstantial evidence, the prosecution is under a solemn legal obligation to clinchingly prove by efficacious evidence of probative worth each of the links in the chain of circumstances as stand constituted by it in exemplification of the inculpation of the accused/respondent for the offence for which he stood charged with, tried and acquitted. The prosecution in making an espousal qua the guilt of the accused standing clinched has pressed into service evidence of the accused standing last seen in proximity to the recovery of the body of the deceased by the Investigating Officer from Dodra Forest near Neugal Bridge evidence whereof stands embedded in the testimony of PW-3. Nonetheless any reliance upon his testimony for concluding of its constituting firm inculpatory evidence in proof of the link aforesaid in the chain of circumstances constructed by the prosecution against the accused would be neither apt nor the said link acquires any tenacity arising from the factum of (a) his deposing in his examination-in-chief of his identifying the accused in police custody 3 to 4 days subsequent to the body of the deceased standing recovered by the investigating Officer from a site in close vicinity to the place where PW-3 purportedly last saw the accused some time prior to the recovery of the body of the deceased renders both the factum of his last seeing the accused in proximity to the site of recovery of the body of the deceased besides as a corollary renders frail the factum of PW-3 last seeing the accused some time prior in proximity to the place of recovery of the body of the deceased, especially when