New Delhi [India], June 22 : The Supreme Court recently remarked that the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime in the case of circumstantial evidence.
A vacation bench of justices Vikram Nath and Ahsanuddin Amanullah made these observations last week while acquitting a man in a murder case.
"We do not find such conclusion of the High Court to be strictly in accordance with the law," the top court said setting aside the conviction and sentence of the appellant Laxman Prasad.
"In a case of circumstantial evidence, the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime. The law is well settled on the above point," the top court said.
"Thus, if the High Court found one of the links to be missing and not proved in view of the settled law on the point, the conviction ought to have been interfered with," the top court said.
"Accordingly, we allow this appeal and set aside the conviction and sentence of the appellant," the top court said.
The court was hearing a man's plea challenging the judgment of the High Court of Madhya Pradesh at Gwalior dated September 28, 2010, dismissing the appeal of the appellant and confirming the conviction and life sentence recorded by the Trial Court under Section 302 (murder) Indian Penal Code.
The prosecution case was based on circumstantial evidence in the matter.
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