PRAKASH NISHAD @ KEWAT ZINAK NISHAD v. STATE OF
MAHARASHTRA [SANJAY KAROL, J.]
163
Sarda (supra) has been consistently followed by this Court. In a
recent case - Sailendra Rajdev Pasvan v. State of Gujarat,
this Court observed that in a case of circumstantial evidence, law
postulates two-fold requirements. Firstly, that every link in the
chain of circumstances necessary to establish the guilt of the
accused must be established by the prosecution beyond reasonable
doubt and secondly, all the circumstances must be consistent
pointing out only towards the guilt of the accused. We need not
burden this judgment by referring to other judgments as the above
principles have been consistently followed and approved by this
Court time and again.”
A
25. To establish the guilt of the appellant, the prosecution relies
upon the following circumstances:
C
a)
The appellant was residing in the same chawl as that of the
prosecutrix;
b)
Appellant was found near the scene of the crime;
c)
The appellant made disclosure statements, i.e., dated
16.6.2010 Ext.47 and dated 17.6.2010 Ext.50, which led to
the recovery of incriminating articles vide Memo Nos. Ext.48
and Ext.51. from the house of the appellant and another
place where he had hidden the clothes belonging to him
and the prosecutrix;
d)
The DNA reports prepared on scientific analysis by an
expert, establishing the blood of the prosecutrix on banian
of the appellant and his semen on the clothes of prosecutrix
and her vaginal smear slide.
B
D
E
F
26. Let us examine whether all these circumstances stand
established by the prosecution or not.
Circumstance of 13 residing in the ‘chawl’ being seen at
the spot of the crime
27. PW 1 and PW 2 stated that the appellant resided in the very
same chawl as they, although they did not identify his house. Well, that’s
about all. There being no other evidence of he residing there. Even if the
version of the mother of having seen the appellant and giving him a
matchbox, in the early hours of 12.6.2010, is believed, the same does not
advance the case of the prosecution any further. The appellant was not
G
H
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