Case Note & Summary
The High Court allowed the criminal appeal filed by Appellant challenging his conviction for murder under Section 302 IPC and destruction of evidence under Section 201 IPC. The Court found that the prosecution's case based on circumstantial evidence was insufficient as it failed to establish a complete chain of circumstances pointing unequivocally to the appellant's guilt. Key circumstances including motive, extra judicial confession, last seen together theory, and recovery of blood-stained clothes were not conclusively proved. The Court emphasized that in cases based on circumstantial evidence, the prosecution must prove all circumstances beyond reasonable doubt and the chain must be complete without any missing links. Since the prosecution failed to meet this standard, the appellant was given benefit of doubt and acquitted.
Headnote
The High Court of Judicature at Bombay -- Criminal Appellate Jurisdiction -- Criminal Appeal No. 705 of 2012 -- Appellant Ashok Shankar Mhatre challenged conviction under Section 302 of Indian Penal Code, 1860 (IPC) and Section 201 of IPC -- The Appellant was convicted by Additional Sessions Judge, Vasai in Sessions Case No. 48 of 2010 -- The Court examined whether circumstantial evidence formed complete chain pointing to guilt -- The Court found prosecution failed to prove motive, extra judicial confession, last seen together theory, and recovery of evidence -- The Court held evidence insufficient to sustain conviction -- The Appeal allowed -- Conviction set aside -- Appellant acquitted
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Issue of Consideration: The Issue of whether the prosecution proved its case beyond reasonable doubt based on circumstantial evidence
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Final Decision
The Appeal allowed. The conviction and sentence imposed by Additional Sessions Judge, Vasai in Sessions Case No. 48 of 2010 set aside. Appellant acquitted of all charges. Bail bonds cancelled.
