29
51.
Counsel for the appellants urged that in the present case, crucial
circumstances, such as Neha’s arrest (which constituted the breakthrough in the
investigation), the narration and deposition of the chance witness PW-10, and
the inconsistences relating to the recoveries, as well as the expert reports, lead
to grave doubts. It was submitted that in cases based on circumstantial evidence,
the five “golden principles” enunciated by this court in Sharad Birdichand
Sarda v. State of Maharashtra25 have to be fully established and that the court
should be convinced that the accused “must be” guilty and not “may be” guilty.
Further, the facts so established should be consistent only with the hypothesis of
the guilt of the accused, that is to say they should not be explainable on any
other hypothesis except that the accused is guilty. The circumstances should be
of a conclusive nature and tendency. The circumstances should exclude every
possible hypothesis except the one to be proved, and there must be a chain of
evidence so complete as not to leave any reasonable ground for the conclusion
consistent with the innocence of the accused and must show that in all human
probability the act must have been done by the accused.
52.
It was submitted that the complete “blackout” of the role of DW-1, in the
face of her admission to being involved with the investigation, her receiving an
out-of-turn promotion for solving the case, her deposition that she had analysed
the CDRs which were never produced, or relied on, and her involvement before
Neha’s arrest, as well as her involvement during the arrest and subsequent
questioning, all pointed to grave doubts about the circumstances which actually
led to Neha’s arrest. It was strongly urged that this cast a doubt on her entire
role. Likewise, the piecemeal recoveries affected on two different dates, at the
behest of the three accused, the improbability of the accused retaining
incriminating articles like weapons, even while allegedly getting rid of clothes,
shoes, and vehicles etc., cast doubts and suspicions about the genuineness of
recovery of the articles. It was argued that all this, coupled with the
25 (1984) 4 SCC 116
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