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1 - 10 of 13 (0.31 seconds)The Indian Penal Code, 1860
Section 299 in The Indian Penal Code, 1860 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Trilochan Verma vs State on 11 October, 2013
In Trilochan Verma Vs. State, 2013(4) JCC 2585 it
has been held that the theory of last seen together is not a
universal application and in the absence of any other
positive corroborative evidence, it would be hazardous to
come to a conclusion of guilt in such cases.
Mohibur Rahman And Anr. vs State Of Assam on 21 August, 2002
45.In Mohibur Rehman & Anr Vs State of Assam (2002)
6 SCC 715, it has been held that " the circumstances of
last seen does not by itself necessarily lead to inference
that it was the accused who committed the crime, the
Hon'ble Apex Court has held that it may depend upon a
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number of other factors and there may be cases where on
account of other clinching evidence, the close proximity of
time and place between the last seen and the factum of
death, a rational mind may be persuaded to reach an
irresistible conclusion that either the accused should
explain how and in what circumstances the victim suffered
the death or should own the liability for the homicide.
Arjun Marik vs State Of Bihar on 2 March, 1994
46.In Arjun Malik Vs State of Bihar 1994 Supp (2) SCC it
has been held that solicitory circumstance of the accused
and victim last seen together will not complete the chain of
circumstances for the Court to record the finding that it is
consistent only with the hypothesis of guilt of the accused.
No conviction on that basis alone can be founded.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Sadhu Singh Roda S/O Buta Singh Etc vs State Of Punjab on 25 January, 1984
32. It is a settled proposition of law that to bring home conviction,
the prosecution has to establish its case beyond the pale of
reasonable doubt by establishing an unbroken chains of events,
leading to commission of the offence with which the accused
are charged with. It is further a settled proposition of law that
once this chain is broken or a plausible theory of another
possibility is shown, the accused persons become entitled to
the benefit of doubt ultimately leading to their acquittal.
Emphasis can be supplied upon a case titled Sadhu Singh
Vs. State of Punjab 1987 (3) Crimes 55 .