In Raju @ Rajendra Prasad Vs. State of Rajasthan
reported in 2022 Supreme Court Cases Online 1242, while laying down the
dictum for analysis of evidence when the case rested on circumstantial
34/39
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.381 of 2023
evidence, the Hon'ble Supreme Court has held as follows :
In Raju @ Rajendra Prasad Vs. State of Rajasthan
reported in 2022 Supreme Court Cases Online 1242, while laying down the
dictum for analysis of evidence when the case rested on circumstantial
34/39
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.381 of 2023
evidence, the Hon'ble Supreme Court has held as follows :
19. Learned counsel for the appellants has also relied upon the judgment of Hon'ble Supreme Court in the case of Raju @ Rajendra Prasad Vs. State of Rajasthan : Laws (SC)-2022-9-83. In that, it has been observed:
52. A further reiteration of the settled principles governing
circumstantial evidence is found in Raju v. State of Rajasthan, (2024) 14
SCC 444, wherein it was observed as under:
39. Here, this Court deems it pertinent to note that the
law is trite that in case of circumstantial evidence 7, "the
circumstances, taken cumulatively, should form a chain so
complete that there is no escape from the conclusion that within
all human probability the crime was committed by the accused and
none else". In fact, the superior courts have time and again
reiterated that the for the circumstantial evidence to sustain
conviction of an accused must be complete and incapable of
explanation of any other hypothesis than that of the guilt of the
accused. In other words, such evidence should not only be
consistent with the guilt of the accused, rather, should be
inconsistent with his innocence. Reference in this regard is made
to the decision in Sharad Birdhichand Sarda v. State of
Maharashtra, (1984) 4 SCC 116, wherein the Hon'ble Apex Court,
while carrying out an exhaustive review of the judicial dictates
7Raju v. State of Rajasthan, (2024) 14 SCC 444.
The CDR details collected by the investigating officer regarding mobile phone of co-accused, Muslim, and deceased have not been certified as per Section 65-B of the Evidence Act, his case is different from co-accused, Muslim. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 12.05.2023. Learned counsel for applicant has relied upon the following judgments in the cases of Krishna Vs State(2008) 15 SCC 430 Para15; Raju@ Rajendra Prasad Vs. State of Rajasthan and Babu Vs. State of Kerala (2010) 9 SCC in support of his case he has submitted that the Apex Court has held that in the case of circumstantial evidence, the circumstances taken cumulatively it form a chain so complete that there is no escape from the conclusion that in all human probability only the accused committed the alleged offence only then implication of an accused can be justified.
The CDR details collected by the investigating officer regarding mobile phone of co-accused, Muslim, and deceased have not been certified as per Section 65-B of the Evidence Act, his case is different from co-accused, Muslim. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 12.05.2023. Learned counsel for applicant has relied upon the following judgments in the cases of Krishna Vs State(2008) 15 SCC 430 Para15; Raju@ Rajendra Prasad Vs. State of Rajasthan and Babu Vs. State of Kerala (2010) 9 SCC in support of his case he has submitted that the Apex Court has held that in the case of circumstantial evidence, the circumstances taken cumulatively it form a chain so complete that there is no escape from the conclusion that in all human probability only the accused committed the alleged offence only then implication of an accused can be justified.