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True Colors of a Vile Wife

Tag: Circumstantial Evidence – Suspicion cannot take the place of proof

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

Asar Mohammad and Ors Vs State of UP on 24 Oct 2018

Posted on July 2, 2021 by ShadesOfKnife

Replying on a catena of landmark judgments, a division bench of the Apex Court that the Appellant No.1 is guilty of committing the murder and the Appellant No.2 and 3 are liable to punishment u/s 201 IPC.

Asar Mohammad and Ors Vs State of UP on 24 Oct 2018

Citations : [2018 SCC ONLINE SC 2179], [2019 SCC 12 253], [2019 SCC CRI 4 321], [2018 AIR SC 5264], [2018 CRIMES 4 387], [2019 ALL LJ 1 382], [2018 AIC 192 50], [2019 ECRN 1 148]

Other Sources :

https://indiankanoon.org/doc/28788694/

https://www.casemine.com/judgement/in/5bd343729eff430a1b47f1d9

https://www.indianemployees.com/judgments/details/asar-mohammad-and-ors-versus-the-state-of-u-p

https://crlreview.in/asar-mohammad-v-state-of-up/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Asar Mohammad and Ors Vs State of UP Catena of Landmark Judgments Referred/Cited to Circumstantial Evidence - Suspicion cannot take the place of proof IPC 201 - Causing disappearance of evidence of offence or giving false information to screen offender Reportable Judgement or Order | Leave a comment

Gyan Singh Shakya Vs State of UP on 08 Mar 2021

Posted on March 10, 2021 by ShadesOfKnife

Based on Sharad Birdhichand here and many other judgments, Allahabad High Court has set-aside the conviction and sentence of the appellants.

Gyan Singh Shakya Vs State of UP on 08 Mar 2021
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Circumstantial Evidence - Suspicion cannot take the place of proof Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Gyan Singh Shakya Vs State of UP Sharad Birdhi Chand Sarda Vs State of Maharashtra | Leave a comment

Nawab Vs State of Uttarakhand on 22 Jan 2020

Posted on March 10, 2021 by ShadesOfKnife

Based on Sharad BirdhiChand here, Apex Court held that the defence of accused is full of holes and cannot be believed and hence his appeal was dismissed.

Nawab Vs State of Uttarakhand on 22 Jan 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Burden of Proof shifts to Accused after initial burden has been discharged by the prosecution Circumstantial Evidence - Suspicion cannot take the place of proof Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Nawab Vs State of Uttarakhand Sharad Birdhi Chand Sarda Vs State of Maharashtra | Leave a comment

Sharad Birdhi Chand Sarda Vs State of Maharashtra on 17 Jul 1984

Posted on March 10, 2021 by ShadesOfKnife

Landmark judgment by a 3-judge bench of Supreme Court around circumstantial evidence (Sec 106 of Evidence Act 1872) basis which the accused were acquitted. The 5 golden principles postulated in this decision are as below.

153. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established :
(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established.
It may be noted here that this Court indicated that the circumstances concerned “must or should” and not “may be” established. There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved” as was held by this Court in Shivaji Sahabrao Bobade and another Vs. State of Maharashtra 1973 2 SCC 793 where the observations were made :
(2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty,
(3) the circumstances should be of a conclusive nature and tendency,
(4) they should exclude every possible hypothesis except the one to be proved, and
(5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the
accused and must show that in all human probability the act must have been done by the accused.
154. These five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence.

Sharad Birdhi Chand Sarda Vs State of Maharashtra on 17 Jul 1984

Casemine version:

Sharad Birdhi Chand Sarda Vs State of Maharashtra on 17 Jul 1984 (Casemine)

Citations : [1984 SCC 4 116], [1984 AIR SC 1622], [1984 CRI LJ 1738], [1984 CRIMES 2 235], [1984 CAR 263], [1984 CRLJ 90 1738], [1984 SCALE 2 445], [1985 SCR 1 88], [1984 CRLR 296], [1985 BOMCR SC 1 208], [1984 CRIMES SC 2 853], [1984 SCC CRI 1 487], [1984 SCC CRI 487], [1984 CRLJ SC 1738], [1984 AIR 1622], [1984 CRIMES SC 2 235]

Other Sources :

https://indiankanoon.org/doc/1505859/

https://www.casemine.com/judgement/in/56b48ca6607dba348ffede2b

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Burden of Proof shifts to Accused after initial burden has been discharged by the prosecution Catena of Landmark Judgments Referred/Cited to Circumstantial Evidence - Suspicion cannot take the place of proof Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sharad Birdhi Chand Sarda Vs State of Maharashtra | Leave a comment

State of UP Vs Hari Mohan and Ors on 7 Nov 2000

Posted on January 31, 2021 by ShadesOfKnife

Division bench of Apex Court held as follows in a case where in only circumstantial evidence is available.

From Para 6,

6. Admittedly, there is no direct evidence connecting any of the accused with the commission of the crime. The case of the prosecution is based upon circumstantial evidence. It is often said that witnesses may lie but the circumstances cannot. To convict a person on the basis of circumstantial  evidence all the circumstances relied upon by the prosecution must be clearly established. The proved circumstances must be such as would reasonably exclude the possibility of innocence of the accused. The circumstantial evidence should be consistent with the guilt of the accused and inconsistent with his innocence. The chain of circumstances, furnished by the prosecution, should be so complete as not to lead any reasonable ground for conclusion consistent with the innocence of the accused. Medical evidence in such a case may be an important circumstance giving assurance to the existence of the other circumstances alleged against the culprit. This Court has consistently held that when the evidence against the accused, particularly when he is charged with grave offence like murder consists of only circumstances, it must be qualitatively such that on every reasonable hypothesis the conclusion must be that the accused is guilty; not fantastic possibilities nor freak inferences but rational deductions which reasonable minds make from the probative force of facts and circumstances.

State of UP Vs Hari Mohan and Ors on 7 Nov 2000

Citations: [2000 AIR SC 4012], [2000 SUPREME 7 516], [2001 AIR SC 142], [2000 SCALE 7 348], [2000 CRIMES SC 4 234], [2000 JT SUPP 2 467], [2001 CRLJ SC 170], [2000 SCC 8 598], [2001 UJ SC 1 293], [2001 SCC CRI 49], [2000 ACR SC 3 2730], [2001 ALD CRI 1 93], [2001 ALLMR CRI SC 170], [2001 CRILJ 170], [2000 JT SUPPL SC 2 467], [2001 PLJR 1 68], [2000 RCR CRIMINAL 4 667], [2000 SUPP SCR 4 440], [2000 AIR SCW 4012], [2001 UJ 1 293]

Other Sources :

https://indiankanoon.org/doc/1918867/

https://www.casemine.com/judgement/in/5609ad8de4b0149711411acd

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Circumstantial Evidence - Suspicion cannot take the place of proof Landmark Case Reportable Judgement or Order State of UP Vs Hari Mohan and Ors | Leave a comment

Prahlad Vs State of Rajasthan on 14 Nov 2018

Posted on January 16, 2021 by ShadesOfKnife

Supreme Court says,

9. No explanation is forthcoming from the statement of the accused under Section 313 Cr.P.C. as to when he parted the company of the victim. Also, no explanation is there as to what happened after getting the chocolates for the victim. The silence on the part of the accused, in such a matter wherein he is expected to come out with an explanation, leads to an adverse inference against the accused.

Circumstantial Evidence…

10. We find that there is ample material against the accused to convict him for the offence under Section 302 IPC. All the circumstances relied upon by the prosecution stand proved so as to complete the chain of circumstances in respect of the offence under Section 302 of the IPC. The Trial Court and the High Court are, on facts, justified in convicting the accused for the offence under Section 302 of the IPC. However, we are unable to find reliable material against the accused for the offences under Section 3 and 4 of the POCSO Act.

Prahlad Vs State of Rajasthan on 14 Nov 2018

Citations :

Other Sources :

https://indiankanoon.org/doc/45763796/

https://www.legalauthority.in/judgement/prahlad-vs-the-state-of-rajasthan-40094

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Circumstantial Evidence - Suspicion cannot take the place of proof CrPC 313 - Power to examine the accused Death Penalty Commuted to Life Imprisonment Evidence Act 114A - Adverse Inference Prahlad Vs State of Rajasthan Right to Remain Silent | Leave a comment

Umedbhai Jadavbhai Vs State of Gujarat on 16 Dec 1977

Posted on January 6, 2021 by ShadesOfKnife

Definition of Circumstantial evidence established by Supreme Court in this case. This corresponds to Sec 106 of Evidence Act.

From Paras 7 and 8,

7. It is well-established that in a case resting on circumstantial evidence all the circumstances brought out by the prosecution, must inevitably and exclusively point to the guilt of the accused and there should be no circumstance which may reasonably be considered consistent with the innocence of the accused. Even in the case of circumstantial evidence, the Court will have to bear in mind the cumulative effect of all the circumstances in a given case and weigh them as an integrated whole. Any missing link may be fatal to the prosecution case.

8. We will first consider whether the High Court was justified in entertaining the appeal and secondly in interfering with the order of acquittal. Entertainment of the appeal by the High Court against an acquittal will be justified only under special circumstances. They exist in this case. We find that the Sessions Judge has committed a manifest error of record when he held that “there was a pool of blood in the outer room and trail of blood-stains leading from the outer room to the inner room”. We do not find a tittle of evidence, oral or documentary to substantiate the above statement in the judgment of the Sessions Judge relying on which he came to the conclusion “that the victim was stabbed in the outer room while she was running from the outer room into the inner room”. The Sessions Judge fell into a grave error by coming to this grossly erroneous conclusion absolutely unsupported by any evidence.

Umedbhai Jadavbhai Vs State of Gujarat on 16 Dec 1977 (Indiankanoon)

Casemine version

Umedbhai Jadavbhai Vs State of Gujarat on 16 Dec 1977 (Casemine)

Citations : [1978 AIR SC 424], [1978 GLR 19 268], [1978 SCC 1 228], [1978 SCR 2 471], [1978 CAR 57], [1978 SCC CRI 108], [1978 CRLJ SC 489], [1978 CRLR SC 72]

Other Sources :

https://indiankanoon.org/doc/1083864/

https://www.casemine.com/judgement/in/5609abcae4b014971140d562

https://india.lawi.asia/umedbhai-jadavbhai-v-the-state-of-gujarat/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Circumstantial Evidence - Suspicion cannot take the place of proof Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Landmark Case Legal Procedure Explained - Interpretation of Statutes Umedbhai Jadavbhai Vs State of Gujarat | Leave a comment

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