Circumstantial evidence can be used for conviction if it leads to guilt only: SC
New Delhi(PTI): Circumstantial evidence can be used to convict an accused in a criminal case if it is of such a nature that is "consistent only with his guilt", the Supreme Court said on Thursday.
Setting aside the conviction and life sentence of a man accused in a 2004 murder case, a bench of Justices Sanjay Karol and Prashant Kumar Mishra reiterated the legal principle that the "last seen together" theory alone is insufficient to sustain a conviction in cases resting entirely on circumstantial evidence.
"It is a well-established rule in criminal jurisprudence that circumstantial evidence can be made the basis of the conviction of an accused person if it is of such a character that it is wholly inconsistent with the innocence of the accused and is consistent only with his guilt," Justice Mishra, who authored the judgement, said.
The verdict said in a case that lacks direct evidence, the incriminating circumstances being used against the accused must be such as to lead only to a hypothesis of guilt and must exclude every other possibility of the innocence of the accused.
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"And if the circumstances proved against the accused, in a particular case, are consistent with the innocence of the accused, he will be entitled to the benefit of the doubt," it said.
The bench acquitted appellant Manoj alias Munna, granting him the benefit of the doubt after finding significant gaps in the prosecution's chain of evidence.
Referring to the facts of the case, the court said, "We are of the opinion that the nature of circumstantial evidence available against the appellant though raises a doubt that he may have committed the offence but the same is not so conclusive that he can be convicted only on the evidence of the last seen together (theory)."
It is a settled proposition that whenever any doubt emanates in the mind of the court, the benefit shall accrue to the accused and not the prosecution, it added.
"The present case is one where except for the evidence of last seen together, there is no other corroborative evidence against the appellant. Therefore, the conviction only on the basis of last seen together cannot be sustained," it said while setting aside the impugned judgments.
The case dates back to June 2004. The prosecution had alleged that Manoj, along with five co-accused, killed one Yuvraj Singh Patle, a tractor driver, to steal the vehicle and sell it.
The deceased was found with burn injuries and ligature marks on his neck.
While the trial court acquitted the five other co-accused, Manoj was convicted under sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code, primarily based on the testimony of witnesses who saw him leaving with the deceased on the evening of June 6, 2004.
The Chhattisgarh High Court upheld his conviction in 2011.
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Bengaluru: Woman techie dies by suicide after son drowns
Bengaluru (PTI): A 29-year-old tech professional has allegedly died by suicide after her 11-month-old son was suspected to have accidentally drowned in a bucket of water at their residence here, police said on Thursday.
The incident occurred on April 1 within the limits of the Chandra layout Police Station, they said.
Police said a letter written in English by the woman was found near the bed, in which she stated that their son had fallen into water and died and that she could not save him, and sought forgiveness.
The matter came to light after the woman's husband, Mahantesh Wali, an engineer, filed a complaint with the police, officials said.
The couple had been living in a rented house for the past four years, and they had a 11-month-old son, Agasthya, they added.
According to the complaint, Pratibha Wali was employed at a tech company near Silk Board and had been working from home.
On April 1, at around 9 am, Mahantesh left for work while his wife and child remained at home. At around 6.30 pm, when he returned and knocked on the door, there was no response. He tried calling his wife on her mobile phone, but she did not answer.
He then retrieved a spare key kept near a window, opened the door and entered the house. On checking the room, he found his wife had allegedly hanged herself by tying a saree to a cradle hook. He also noticed a cut on her left wrist and blood stains, a senior police officer said.
Their son Agasthya was found lying on the bed, and when he checked, the child was also dead, the officer said.
An empty strip of 15 tablets was also recovered from the spot, and it is suspected that the woman may have consumed the tablets, police said.
Prima facie, it appears that the infant strayed into the bathroom and fell into a bucket filled with water while the woman was away, seemingly gone to the terrace to dry the clothes. It appears that the woman, distressed over the death of her son, died by suicide, police said.
However, the husband has expressed suspicion regarding the deaths and sought legal action. Further investigation is underway, police added.
