34
Cri.Appeals 516, 281 n 468 of 2012.odt
28.
C
ou
This witness is not crossexamined by the Accused.
rt
and accordingly Aniket climbed the ladder and went to his house.
Thus from the evidence of PW25 Dr. Mugadalimath
and PW30 Dr. Sachin Gade, postmortem report (Exhibit 32), final
cause of death certificate (Exhibit 112), spot Panchanama (Exhibit
ig
h
29), seizure Panchanama (Exhibit 30), the manner of incident and
circumstances brought on record as discussed above an
H
irresistible conclusion must follow that death of victim girl was
homicidal in nature.
Now in order to ascertain whether Accused No.1 is
ba
y
29.
responsible for rape on victim girl and causing her death, we have
to evaluate the evidence of prosecution witnesses. There is no
om
direct evidence in the matter. Prosecution case exclusively rests
on the circumstantial evidence. It may be stated that for a crime
B
to be proved, it is not necessary that the crime must be seen to
have been committed and must, in all circumstances, be proved
by direct or ocular evidence by examining before the Court those
persons who had seen its commission. The offence can be proved
by circumstantial evidence also. The principal fact or "factum
probandum" may be proved indirectly by means of certain
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