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. ::: Uploaded on - 08/03/2016 ::: Downloaded on - 13/03/2016 19:36:29 :::

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