(16)
S.C.No.463/2009 (Judgment)
on the ratio laid down by Hon'ble Supreme Court in the case of “ Subimal Sarkar
Vs. Sachindra Nath Mondai, reported in AIR 2003, S.C.1108”. In the light of the
ratio Advocate Shri Mote has also argued that the circumstantial evidence should
form complete chain so as to infer that the said crime was committed by nobody else
but by the accused.
32/
Advocate Shri Mote has also argued that in an appeal against acquittal,
inference against accused should be made sparingly in a situation where the findings
of the trial Court are perverse and not possible on the evidence and if two views are
possible, the one leading to acquittal should not be disturbed. For this purpose
Advocate Mote relied on the ratio in the case of “Rathinam Alias Rathinan Vs.
State of Tamilnadu and another, reported in 2011(SCC)1111140”. However in
the honest opinion of this Court, the ratio cannot be applicable to this case, since
this Court is not deciding any appeal.
33/
Advocate Shri Mote has also relied on the ratio in the case of
“Mustkeem alias Sirajudeen Vs. State of Rajasthan, reported in 2011 Crimes,
118”. In that case, the material witnesses turned hostile and the recovery of the
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