Krishna & Anr vs State Of U.P on 21 June, 2007
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.