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Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling

8Sep

By The Legal ChamberNo Comments

Supreme Court

Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling

This Supreme Court judgment acquits the accused based on the prosecution's failure to establish a complete chain of circumstantial evidence as mandated by Sharad Birdhichand Sarda. The court found the evidence regarding motive, last seen, extra-judicial confessions, and recoveries to be unreliable, contradictory, and insufficient to prove guilt beyond reasonable doubt. Facts Of The Case: The case involves the murder of Balwant, whose body was discovered in a waterworks tank in Hisar on December 23, 1997. His father, Har Nath (PW-11), identified the body and filed a complaint, leading to an FIR. The prosecution alleged that the accused—Shanti Devi, her son Rajbir, and Veena—murdered Balwant due to a property dispute, as Shanti Devi was a tenant in his house, and an illicit relatio...

Supreme Court Slams Assam Police Over Encounters, Calls for Independent Inquiry

The Supreme Court set aside the High Court's judgment and directed the Assam Human Rights Commission (AHRC) to conduct an independent inquiry into alleged police encounters, emphasizing adherence to PUCL guidelines. The Court mandated public notice for victims, confidentiality of identities, and the provision of legal aid, reinforcing the AHRC's role in upholding human rights and ensuring accountability. Facts Of The Case: Arif Md. Yeasin Jwadder, the appellant, brought an appeal against the Gauhati High Court's judgment dated January 27, 2023, which dismissed PIL No. 86/2021. The PIL sought records of alleged fake encounters in Assam, registration of FIRs against police officials, and independent investigations in compliance with the guidelines laid down in People's Union for Civil Li...

UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement

The Supreme Court quashed criminal proceedings under the UP Gangsters Act, emphasizing that a gang chart's approval requires independent application of mind by authorities and cannot be based solely on prior FIRs, especially without overt acts, violence, or economic gain. The judgment clarified the stringent conditions necessary for invoking the Act and upheld the importance of due process in such cases. Facts Of The Case: The case involved a criminal appeal against a High Court judgment that refused to quash proceedings initiated under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, against the appellant, Vinod Bihari Lal. The appellant was implicated in a "gang chart" based on previous FIRs. He sought to quash the proceedings and non-bailable warrants i...