59
Cri.Appeals 516, 281 n 468 of 2012.odt
rt
From another report Exhibit 120 it can be seen that blood stains
C
ou
detected on the bedsheet, Tshirt of the Accused and the control
blood stains of deceased were of same biological individual. In
this background, it can be safely concluded that prosecution could
successfully prove that Accused No.1 Jawedkhan sexually
73.
(VII) Motive.
ig
h
assaulted victim Mansi.
H
In a case based on circumstantial evidence, motive
assumes pertinent significance as existence of motive is an
ba
y
enlightening factor in a process of presumptive reasoning in such
a case. The absence of motive however, puts the court on its
guard to scrutinize the circumstances more carefully to ensure
om
that surmises and conjectures do not take place of legal proof.
74.
From the incriminating circumstances discussed here-
B
in-above motive of the Accused in the present case has been
established i.e. to commit theft, satisfy the unbridled lust of the
Accused and then to cause death of victim girl so that his acts can
be simply buried forever. As motive is apparent, prosecution does
safely cross this hurdle too.
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