6 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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents