For a circumstance to be established, there shouldn’t be any doubt: SC
Published on June 10, 2023
New Delhi: Criminal Trial – For a circumstance to be established, there shouldn’t be doubt – Living in the same chawl, cannot be, in the attending facts of no one having identified with certainty the exact house/room of the accused, a circumstance pointing to the guilt of the accused.
Held: Living in the same chawl, cannot be, in the attending facts of no one having identified with certainty the exact house/room of the appellant, a circumstance pointing to the guilt of the appellant. For a circumstance to be established, there shouldn’t be doubt; it should not leave room for the possibility that, not the appellant against whom the circumstance is sought to be proved but someone else, may have done the said crime. (Para.29)
Prakash Nishad v. State of Maharashtra 2023 KLT OnLine 1480 (SC) B.R. Gavai, Vikram Nath & Sanjay Karol, JJ. *Read Full Judgment: https://www.kltonline.in/Judgements/Detail/68788*