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Criminal · Reportable judgment

Pooranmal vs The State of Rajasthan & Anr.

Court
Supreme Court of India
Date
10 March 2026
Case No.
Criminal Appeal No. 1266 of 2026
Result
Allowed
Bench
Vikram Nath, Sandeep Mehta
Citation
[2026] 3 S.C.R. 314 : 2026 INSC 217
Acts & Sections
IPC Evidence Act Bharatiya Sakshya Adhiniyam, 2023 CrPC Bharatiya Nagarik Suraksha Sanhita, 2023 Bhartatiya Nyaya Sanhita, 2023
Supreme Court Reports [2026] 3 S.C.R. 314 : 2026 INSC 217
Issue for consideration
Whether the conviction of the appellant-P based solely on circumstantial evidence as convicted by the trial court and upheld by the High Court could be sustained in law. Whether the incriminating evidence are proved by cogent and admissible evidence, forming an unbroken chain pointing unequivocally towards the guilt of the appellant.
Headnote

Penal Code, 1860 – ss.302/34, 201 – Bhartatiya Nyaya Sanhita, 2023 – ss.103(1)/3(5) – Circumstantial evidence – Recoveries – Appellant-P along with one L, committed murder of wife of L – Appellant-P and L were convicted by the trial Court for the offence punishable u/ss.302/34 and s.201 of the Penal Code, 1860 – The common appeal preferred by the accused persons against their conviction was rejected by the High Court – SLP filed by L was dismissed by this Court in limine – The appellant-P who was unable to prefer an appeal owing to poverty and lack of access to legal assistance, has now filed the present appeal through legal aid – Interference warranted or not:

Read the full headnote (1 more paragraph)

Held: As emerging from the impugned judgments of the trial Court and the High Court, the case of the prosecution pertaining to the murder is based purely on circumstantial evidence viz. call detail records, recovery of blood-stained shirt and the recovery of currency notes – The law governing cases resting on circumstantial evidence is no longer res integra – Mere recovery of currency notes, in the absence of any cogent evidence establishing a clear nexus between the said amount and the crime, would not by itself constitute an incriminating circumstance against the appellant – The said circumstance was wrongly treated to be incriminating by the trial Court as the recovery itself is doubtful and additionally, the mere recovery of currency notes cannot constitute incriminating evidence in absence of corroborative evidence – The second incriminating article recovered was blood-stained shirt – Even if the FSL report shows that the blood found on the shirt allegedly recovered at the instance of the appellant matches that of the deceased, such finding would by itself not be incriminating in the absence of other cogent and corroborative evidence completing the chain of circumstances – The last and final piece of circumstantial evidence is call details records – In the present case, the certificate u/s.65-B of the Evidence Act [s.63 of the BSA] was not proved by the prosecution – In the absence of the certificate, mandatorily required u/s.65-B of the Evidence Act [s.63 of the BSA], the call detail records become inadmissible in evidence and cannot be relied upon to support the prosecution’s case – The prosecution has miserably failed to establish a complete and coherent chain of incriminating circumstances so as to bring home the guilt of the appellant – Thus, the conviction of the appellant as recorded by the trial Court and affirmed by the High Court cannot be sustained – The impugned judgments are hereby set aside. [Paras 26, 27, 33, 52-55]

Keywords: Circumstantial evidence · Chain of custody · Corroborative evidence · Unbroken chain of custody · Call details records · Recovery of blood-stained cloth · Recovery of currency notes · Electronic evidence · Requirement of certificate u/s.65-B of Evidence Act · Admissibility of electronic evidence · Coherent chain of incriminating circumstances

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Mehta, J. 1. Heard. 2. Leave granted. 3. The appellant, Pooranmal1, along with one Ladu Lal faced trial in Sessions Case No. 33 of 2010 before the Court of the Additional Sessions Judge, (Women Atrocities Cases), Bhilwara, Rajasthan2. Both the accused were convicted by the trial Court vide judgment and order dated 8th February, 2012, for the offence punishable under Sections 302/34 of the Indian Penal Code, 18603 [Sections 103 (1)/3(5) of the Bhartatiya Nyaya Sanhita, 20234] and were sentenced to undergo life imprisonment and fine of Rs. 5,000/- with default stipulation. Both the
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