Search Results Page
Search Results
1 - 8 of 8 (0.35 seconds)Budha Satya Venkata S. Rao And Ors. vs State Of A.P. on 7 October, 1994
Similar view was taken in Budha Satya Venkatraman
vs. State of Andhra Pradesh, 1 (1995) CCR 35, Surender Jain vs. Delhi
S.C. No. 95/09 Page 15/22
16
Administration, 1993 Cr.L.J. 1871, Varun Chaudhary vs. State of
Rajasthan, 2010 IX AD (SC) 309. In the instant case, motive to commit
crime is not proved.
Kali Ram vs State Of Himachal Pradesh on 24 September, 1973
26. Moreover, in Kali Ram Vs. State of Himachal Pradesh, AIR 1973
SC 2773, the Apex Court had observed as follows :
"Another Golden thread which runs through the web of the
administration of justice in criminal cases is that if two views are possible
on the evidence adduced in the case, one pointing to the guilt of the
S.C. No. 95/09 Page 19/22
20
accused, and the other to his innocence, the view which is favourable to
the accused should be adopted. This principle has a special relevance in
cases wherein the guilt of the accused is sought to be established by
circumstantial evidence. Rule has accordingly been laid down that unless
the evidence adduced in the case is consistent only with the hypothesis of
the guilt of the accused and is inconsistent with that of his innocence, the
Court should refrain from recording a finding of guilt of the accused. It is
also an accepted rule that in case the Court entertains reasonable doubt
regarding the guilt of the accused, the accused must have the benefit of
that doubt. The rule regarding that benefit of doubt also does not warrant
acquittal of the accused by resort to surmises, conjectures or fanciful
considerations.
Tarseem Kumar vs Delhi Administration on 18 August, 1994
In Tarseem Kumar vs. Delhi Administration, 1995 Cr.L.J. 470, it
was laid down by Hon'ble Apex Court that where the case of prosecution
has been proved beyond reasonable doubt on the basis of material
produced before the Court, the motive looses its importance. But in a case
which is based on circumstantial evidence, motive for committing crime on
the part of accused assumes greater importance. It was further
emphasised that if each of the circumstance proved on behalf of the
prosecution is accepted by the Court for the purpose of recording finding
that it was the accused, who committed crime in question, even in
absence of any proof of motive for commission of such crime, the accused
could be convicted.
Section 302 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Dantuluri Ram Raju And Ors vs State Of Andhra Pradesh And Anr on 16 December, 1971
In Bokaraju Venkataparase Raju vs. State of Andhra Pradesh,
(1993) Supp. (4) SCC 191, it was observed that Court has to be watchful
and avoid danger of allowing the suspicion to take place of legal proof.
For sometime unconsciously, it may happen to be a short step between
moral certainty and legal proof. At times, it can be a case of "may be true"
Raj Kumar @ Petal vs The State (Govt. Of Nct Of Delhi) on 12 March, 2010
These two authorities, as detailed above, were relied upon by the
th
hon'ble High Court in CRL. A. No. 240/2009, dated 17 June, 2009, in
case titled Shri Raj Pal Vs. State (NCT of Delhi) & Ors.
1