9
distance between mere conjectures and sure conclusions to be arrived at, on the touchstone of dispassionate judicial scrutiny, based upon a complete and comprehensive appreciation of all features of the case, as well as the quality and credibility of the evidence brought on record. The court
must ensure, that miscarriage of justice is avoided,
and if the facts and circumstances of a case so demand, then the benefit of doubt must be given to
the accused, keeping in mind that a reasonable
doubt is not an imaginary, trivial or a merely probable doubt, but a fair doubt that is based upon
reason and common sense".
19. It is also well-settled principle that in criminal cases, if two views
are possible on evidence adduced in the case, one binding to the guilt
of the accused and the other is to his innocence, the view which is
favourable to the accused, should be adopted. This principle has a
special relevance in cases wherein the guilt of the accused is sought to
be established by circumstantial evidence [See Kali Ram v. State of
Himachal Pradesh, (1973) 2 SCC 808].
20. Bearing these principles in mind, we shall now consider the
contentions of the learned counsel for the parties.
In order to
establish
offence,
that
the
accused
have
committed
the
the
prosecution has relied on (i) Testimony of child witness Kumari
Chandni (PW8); (ii) The recoveries made under Section 27 of the
Evidence Act; (iii) The fingerprint report; (iv) FSL report; (v) Motive of
committing robbery; and (vi) Evidence of last seen together.
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