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Criminal · Reportable judgment

Ravinder Kumar vs State of NCT of Delhi

Court
Supreme Court of India
Date
6 March 2024
Case No.
Criminal Appeal No. 918 of 2024
Result
Partly allowed
Bench
Bhushan Ramkrishna Gavai, Sandeep Mehta
Citation
[2024] 3 S.C.R. 767 : 2024 INSC 211
Acts & Sections
IPC Evidence Act
Supreme Court Reports [2024] 3 S.C.R. 767 : 2024 INSC 211
Issue for consideration
1) Whether circumstantial evidence is sufficient to convict the accused; 2) Whether burden of proof u/s. 106 Evidence Act can be on accused before the prosecution proves its case; 3) Whether recovery pursuant to statement made u/s. 27 Evidence Act can be admissible, when recovery was from a place known to all and not exclusively within knowledge of maker.
Headnote

Penal Code, 1860 – s. 302 - Conviction based on circumstantial evidence – Evidence Act, 1872 – ss. 106, 27 – Appellant’s wife found dead with throat slit – Appellant convicted by trial court for offences punishable under ss. 302, 304B/34, 498A/34 IPC – High Court set aside conviction under ss. 304B/34 but sustained under ss. 302, 498A/34 IPC – Prosecution relying on circumstantial evidence to sustain conviction under s. 302 – Courts below found: (i) plea of alibi without substance (ii) bloodstained clothes recovered at Appellant’s parental home (iii) English calendar with Appellant’s name found in the house (iv) Appellant created a scene in the house so as to make it seem like robbery. Held: (1) When prosecution case relies on circumstantial evidence, circumstances from which conclusion of guilt is to be drawn should be fully established – Accused ‘must be’ and not merely ‘may be’ guilty – Facts so established should be consistent only with guilt of accused, not explainable on any another hypothesis – Chain of evidence must be so complete to show beyond reasonable doubt that act was committed by accused – (2) Before burden shifts on accused under s. 106 Evidence Act, prosecution has to establish before death occurred, deceased and accused were seen in the house- more so when accused raises specific plea of alibi – (3) For recovery to be admissible on statement made under S. 27 Evidence Act, recovery must be from place exclusively within knowledge of maker – In present case, recovery was from place accessible to all [Paras 8, 9, 10 11, 13, 17].

Keywords: Principles of Circumstantial evidence · S. 106 Evidence Act · Burden of proof – Alibi · Recovery under S. 27 Evidence Act, when admissible

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

Full Judgment Text

Judgment B.R. Gavai, J. 1. This appeal arises against the judgment and order passed by the Division Bench of the High Court of Delhi at New Delhi on 12th October, 2015 in Criminal Appeal No.287 of 2015, thereby dismissing the appeal filed by the appellant herein. 2. The facts in brief leading to the filing of the present appeal are as under: 2.1 Deceased-Meena, daughter of Mani Ram (PW.3) and Gyanwati (PW.6), got married to the appellant-Ravinder Kumar (accused No.1) on 20.06.1999. A male child named Harry was born out of the said wedlock on 26.08.2000. On 27.04.2001, at 0055 hours, a Firs
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