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Tag: Circumstantial Evidence – Last Seen Theory

Rahim Pathan Vs State of Maharashtra on 04 Jun 2019

Posted on July 31, 2021 by ShadesOfKnife

Single bench judge of Bombay High Court held as follows, while acquitting a husband from the allegations of strangulating his wife.

From Para 16,

16. Perusal of aforesaid findings reflect that the learned Sessions Judge kept implicit reliance on the evidence of PW-2 Sayed Bandeali as well as recitals of the FIR, scribed by PW-9 Gauri More to arrive at the conclusion of guilt of the accused. The approach of learned Sessions Judge appears superficial and erroneous one. He drawn the conclusion that the death of victim was custodial death and it was imperative for the accused husband to explain how the deceased Rubina died. It reveals that the learned Sessions Judge overlooked or glossed over serious legal infirmities in this case. It was fallacious to appreciate that the shop of accused was located at a distance of 3. k.m. from his residential house. Therefore, there was ample opportunity for him to visit to the house from his shop for committing crime. This sort of speculative findings rests on assumption is totally impermissible and inadmissible in law. There is no evidence available on record about the last scene together of the accused in the company of deceased wife Rubina at the relevant time. In contrast, kith and kin of Rubina turned hostile and refused to cast aspersion on the appellant-accused for her homicidal death.

Rahim Pathan Vs State of Maharastra on 04 Jun 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/141994995/

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Circumstantial Evidence - Last Seen Theory Circumstantial Evidence - Suspicion cannot take the place of proof CrPC 313 - Power to examine the accused CrPC 437A - Bail to require accused to appear before next appellate Court Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Evidence Act Sec 145 - Cross-examination as to previous statements in writing Evidence Act Sec 154 - Question by party to his own witness Evidence Act Sec 157 - Former statements of witness may be proved to corroborate later testimony as to same fact Hostile Witness Case IPC 302 - Punishment for murder Rahim Pathan Vs State of Maharastra | Leave a comment

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