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on the testimony of PW-8. PW-8 is a child witness who was present in
the house at the time of the incident.
She is not a witness to the
actual incident. Her testimony has not been corroborated. Therefore,
it is risky to rely on uncorroborated identification of the appellants at
her instance. It is further argued that the evidence of recoveries made
under Section 27 of the Indian Evidence Act is also unreliable. The
recovery of motorcycle is also unreliable and that the articles
recovered are not connected to the crime.
The testimony of PW-9 is
hearsay and cannot be relied upon by the prosecution.
Even the
finger print report cannot be relied on. Finally, he submits that the
evidence of last seen is insufficient to establish the guilt.
13. On the other hand, Sh. Atul Jha, learned counsel appearing for
the respondent, has supported the judgment of the courts below. He
prays for dismissal of the appeals.
14. We have carefully considered the submissions of the learned
counsel made at the Bar and perused the materials placed on record.
15. One of the fundamental principles of criminal jurisprudence is
undeniably that the burden of proof squarely rests on the prosecution
and that the general burden never shifts. There can be no conviction
on the basis of surmises and conjectures or suspicion howsoever grave
it may be.
Strong suspicion, strong coincidences and grave doubt
cannot take the place of legal proof.
The onus of the prosecution
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