State Of Maharashtra vs Deelip Hanumant Khodve on 18 November, 2025
It has been observed
in the case of Rahim (supra) that Section 106 of the Indian
Evidence Act is not intended to relieve the prosecution from its
burden to prove the guilt of the accused beyond reasonable
doubt and if there is no positive evidence that at the time of
incident, husband and wife were last seen together in the
house, the inference drawn by the Sessions Court in respect of
guilt of accused become erroneous and illegal. Thus, from the
..22.. Al-318-548-20 .odt
aforesaid observations, a clear settled position emerges that in
the case based on circumstantial evidence, the prosecution
must prove each and every circumstances independently
pointing towards the guilt of the accused. There is no dispute
about the aforesaid settled principle. However, on going
through the impugned judgment, it is evident that the learned
trial Judge based conviction against the appellant on the
following circumstances