18
person. PW-13 has admitted in his testimony that shirts of the same
kind are easily available in the market.
In such circumstances, it
cannot be conclusively proved that the shirts are in any way unique to
the 'appellants' shirt to the exclusion of everyone else. Therefore, the
reliance placed with analysis of the shirt in the absence of any unique
make thereof is improper.
38. The forensic evidence against the appellants to prove their
presence at the scene of crime is insufficient. The findings of the hair
analysis are also inconclusive.
The report only concluded the
specimen to the human hair.
The same is not sufficient to
substantiate the presence of the appellants.
39. The
prosecution
has
alleged
robbery
as
motive
for
the
commission of the offence. It is sought to be sustained by the recovery
of some cash and a pair of silver patti that has not been identified by
any witness. The site plan panchanama shows that gold ornaments,
pearl necklace, silver ornaments, etc. were left behind on the person of
the deceased. It is not explained as to why appellants would intend to
commit robbery but leave expensive ornaments behind.
The entire
motive of robbery is negated if these facts are considered as it seems
implausible that persons with an intent to commit robbery would leave
without precious ornaments that were on the person of the deceased.
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄