Case Note & Summary
The appellant, Radha @ Ashtha Vitthal Takaras, was convicted by the Additional Sessions Judge, Ambajogai, for the murder of three-year-old Payal and for causing disappearance of evidence, under Sections 302 and 201 of the Indian Penal Code. She was sentenced to life imprisonment and fine. The prosecution case was that the appellant, along with others, took the child from her mother, the complainant, and later the child was found dead. The appellant appealed against the conviction. The High Court examined the evidence, which was entirely circumstantial. The court found that the last seen evidence was unreliable as the witnesses were not credible and their statements were inconsistent. The recovery of articles allegedly belonging to the child was not properly linked to the appellant. The court held that the chain of circumstances was incomplete and the prosecution had not proved its case beyond reasonable doubt. The court allowed the appeal, set aside the conviction, and ordered the appellant to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 201 Indian Penal Code, 1860 - The appellant was convicted for murder of a three-year-old child and causing disappearance of evidence. The prosecution relied on last seen evidence and recovery of articles. The court held that the circumstantial evidence was not complete and the chain of circumstances was broken. The last seen theory was not reliable as the witnesses were not credible. The recovery of articles was not linked to the appellant. The court acquitted the appellant giving benefit of doubt. (Paras 1-20) B) Evidence Law - Last Seen Theory - Reliability - The prosecution failed to prove that the appellant was last seen with the deceased. The witnesses were interested and their testimony was inconsistent. The court held that the last seen theory cannot be the sole basis for conviction without corroboration. (Paras 10-15) C) Criminal Procedure - Appeal Against Conviction - Benefit of Doubt - The court held that when the prosecution fails to prove its case beyond reasonable doubt, the accused is entitled to acquittal. The conviction was set aside and the appellant was ordered to be released. (Paras 18-20)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 201 IPC based on circumstantial evidence is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted and ordered to be released forthwith unless required in any other case.
Law Points
- Circumstantial evidence must be complete and consistent with guilt
- chain of circumstances must be unbroken
- benefit of doubt to accused
- conviction cannot be based on suspicion
