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Documents citing Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984

Parulben W/O Mahendrabhai Rameshbhai ... vs State Of Gujarat on 20 January, 2026

The evidentiary value of such material is considerably diluted on account of gaps in the chain of custody, lack of independent corroboration, and inconsistencies in the oral evidence of the prosecution witnesses. The CCTV footage, in particular, does not conclusively establish the presence of the accused at the scene of offence at the relevant time nor does it exclude the presence of other persons. It is a settled position of law that where a case rests entirely on circumstantial evidence, the circumstances relied upon Page 25 of 26 Uploaded by MR.MITESH VIJAYBHAI PANCHAL(HCD0065) on Tue Jan 20 2026 Downloaded on : Thu Jan 22 00:12:35 IST 2026 NEUTRAL CITATION R/CR.A/700/2019 JUDGMENT DATED: 20/01/2026 undefined must be fully established and must form a chain so complete as to exclude every hypothesis other than the guilt of the accused. The learned Sessions Court has not considered the aspect to apply this well established principle, as reiterated by the Hon'ble Supreme Court in Sharad Birdhichand Sarda v. State of Maharashtra (supra), and has proceeded to record the conviction on conjectures and surmises. In the considered opinion of this Hon'ble Court, such an approach has resulted in serious prejudice to the accused and has caused substantial prejudice affecting the fairness of the trial. The impugned judgment and order of conviction, therefore, cannot be sustained and deserves to be quashed and set aside.
Gujarat High Court Cites 18 - Cited by 0 - I J Vora - Full Document

Sanjeev Nanda vs The State on 12 May, 2009

332. Grievance raised by the counsels for the appellants is that none of these witnesses were questioned with regard to the removal of the number plate and why and how water was coming out of the house or the floor under the car was wet. Counsels for the appellants placed reliance on the judgment of the Apex Court reported as Sharad Birdichand Sharda Vs. State of Maharashtra,AIR 1984 SC 1622 and judgment of the Bombay High Court reported as Ashok Sadashiv Astikar Vs. State of Maharashtra,1989 (1) Crimes 642.
Delhi High Court Cites 165 - Cited by 29 - K Gambhir - Full Document

Vishal Yadav vs State Of U.P. on 2 April, 2014

1711. On the impact of evidence not being put to the accused persons at the time of recording his statement under Section 313 of the Cr.P.C., Mr. Ram Jethmalani, learned senior counsel places reliance on the pronouncement of the Supreme Court reported at (1984) 4 SCC 116 Sharad Birdhichand Sarda v. State of Maharashtra. In para 143 of this pronouncement, the Supreme Court had held thus :-
Delhi High Court Cites 384 - Cited by 4 - G Mittal - Full Document

Sanjeev Nanda vs The State on 20 July, 2009

332. Grievance raised by the counsels for the appellants is that none of these witnesses were questioned with regard to the removal of the number plate and why and how water was coming out of the house or the floor under the car was wet. Counsels for the appellants placed reliance on the judgment of the Apex Court reported as Sharad Birdichand Sharda Vs. State of Maharashtra,AIR 1984 SC 1622 and judgment of the Bombay High Court reported as Ashok Sadashiv Astikar Vs. State of Maharashtra,1989 (1) Crimes 642.
Delhi High Court Cites 165 - Cited by 0 - K Gambhir - Full Document
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