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1 - 10 of 16 (0.12 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 366 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
State Of U.P vs Ashok Kumar Srivastava on 14 January, 1992
Sir Alfred Wills in his admirable book `Wills'
Circumstantial Evidence' (Chapter VI) lays down the following
rules specially to be observed in the case of circumstantial
evidence: (1) the facts alleged as the basis of any legal
inference must be clearly proved and beyond reasonable doubt
connected with the factum probandum; (2) the burden of proof
is always on the party who asserts the existence of any fact,
which infers legal accountability; (3) in all cases, whether of
direct or circumstantial evidence the best evidence must be
adduced which the nature of the case admits; (4) in order to
justify the inference of guilt, the inculpatory facts must be
incompatible with the innocence of the accused and incapable
of explanation, upon any other reasonable hypothesis than
that of his guilt; and (5) if there be any reasonable doubt of the
guilt of the accused, he is entitled as of right to be acquitted.
There is no doubt that conviction can be based solely on
circumstantial evidence but it should be tested by the
touchstone of law relating to circumstantial evidence laid
down by this Court as far back as in 1952.
Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984
A reference may be made to a later decision in Sharad
Birdhichand Sarda v. State of Maharashtra (AIR 1984 SC
1622). Therein, while dealing with circumstantial evidence, it
has been held that the onus was on the prosecution to prove
that the chain is complete and the infirmity of lacuna in the
prosecution cannot be cured by a false defence or plea. The
conditions precedent in the words of this Court, before
conviction could be based on circumstantial evidence, must be
fully established. They are:
Bachan Singh vs State Of Punjab on 9 May, 1980
Considering the view expressed by this Court in Bachan
Singh's case (supra) and Machhi Singh's case (supra) we have
no hesitation in holding that the case at hand falls in rarest of
rare category and death sentence awarded by the trial Court
and confirmed by the High Court was appropriate.