LawDistill
Supreme Court of India

RISHI PAL vs STATE OF UTTARKHAND on 8 January, 2013

Cites 6 provisionsCites 2 judgmentsCited by 0
Crl.A. No.-000928-000928 - 2009Official PDFBench Tirath Singh Thakur, Gyan Sudha Misra, Dipak MisraAdvocates RAMESHWAR PRASAD GOYAL | ABHISHEK ATREY
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.928 OF 2009
Rishipal …Appellant
Versus
State of Uttarakhand …Respondent
JUDGMENT J U D G M E N T
“........Mere non-explanation cannot lead to the proof

of guilt against the appellant. The prosecution has to

prove its case against the appellant beyond

reasonable doubt. The chain of circumstances, in our

opinion, is not complete so as to sustain the

conviction of the appellant.....”

17. We may also refer to State of Goa v. Sanjay

Thakran and Anr. (2007) 3 SCC 755 where this Court

held that in the absence of any other corroborative piece of

evidence to complete the chain of circumstances it is not

possible to fasten the guilt on the accused on the solitary

circumstance of the two being seen together. Reference

may also be made to Bodh Raj alias Bodha and Ors. v.

State of Jammu and Kashmir (2002) 8 SCC 45 where

this Court held :

“The last-seen theory comes into play where the

time-gap between the point of time when the

accused and the deceased were seen last alive and

when the deceased is found dead is so small that

possibility of any person other than the accused

being the author of the crime becomes impossible. It

would be difficult in some cases to positively

establish that the deceased was last seen with the

accused when there is a long gap and possibility of

other persons coming in between exists. In the

absence of any other positive evidence to conclude

that the accused and the deceased were last seen

together, it would be hazardous to come to a

conclusion of guilt in those cases....” JUDGMENT

18. Finally in Jaswant Gir v. State of Punjab (2005)

12 SCC 438, this Court held that it is not possible to convict

Appellant solely on basis of 'last seen' evidence in the

absence of any other links in the chain of circumstantial

evidence, the Court gave benefit of doubt to accused

persons.

19. Abdul Mabood-deceased was a young, physically stout

boy aged 20-22 years. In the absence of any suggestion as

to how and where he was done to death it is difficult to infer

anything incriminating against the appellant except a strong

suspicion when he returned at night to the farm of Tajveer

Singh with soiled clothes. The explanation given by the

appellant for his clothes getting soiled can also not said to

be so absurd that one could straightway reject and count the

same as an incriminating circumstance so conclusive in

nature that the Court could presume that they were

explainable only on the hypothesis that the appellant had committed the crime alleged against him.

20. Suffice it to say that even if we take the most

charitable liberal view in favour of the prosecution, all that

we get is a suspicion against the appellant and no more. The

High Court was in that view justified in setting aside the

order passed by the trial Court and acquitting the appellant

of the offence of murder under Section 302 IPC. The order

passed by the High Court deserves to be affirmed giving to

the appellant the benefit of doubt. We accordingly dismiss

the appeal filed by the appellant and discharge the notice of

show-cause issued to him.

(T.S. Thakur)

(Gyan Sudha Misra) New Delhi January 8, 2013