11
Again, in Padala Veera Reddy vs. State of Andhra Pradesh and
others6, this Court affirmed that when a case rests solely upon circumstantial
evidence, such evidence must satisfy the following tests:
‘1.
The circumstances from which an inference of guilt is sought to be
drawn must be cogently and firmly established;
2.
Those circumstances should be of a definite tendency unerringly
pointing towards guilt of the accused;
3.
The circumstances, taken cumulatively, should form a chain so
complete that there is no escape from the conclusion that within all human
probability the crime was committed by the accused and none else; and
4.
The circumstantial evidence in order to sustain conviction must be
complete and incapable of explanation of any other hypothesis than that of the
guilt of the accused and such evidence should not only be consistent with the
guilt of the accused but should be inconsistent with his innocence.’
15.
Applying these standards presently, we find that the prosecution
utterly failed to pass muster in establishing its case. There are cavernous gaps
in the evidence that the prosecution would offer as an ‘unbroken chain
unerringly pointing to the guilt of the appellants’. Discrepancies galore in the
prosecution’s case tear asunder the fabric of its purported version as to how
events unfolded. Oftentimes, Courts find that reckless overzealousness and
unbridled fervour coupled with scant regard for due procedures and practices
on the part of the police, in picking upon those whom they perceive to be the
6
1989 Supp (2) SCC 706
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