Case Note & Summary
The State of Maharashtra filed an appeal against the judgment of acquittal passed by the Additional Sessions Judge, Bhandara in Sessions Case No.66/2001, acquitting the respondent-accused Revatkumar Tukaram Nimje for offences punishable under Sections 363, 364, 364A, 302 and 201 of the Indian Penal Code. The prosecution case was that the deceased Akash Waman Bokade, aged 15 years, was kidnapped on 05.06.2011 and later killed. The complainant, father of the deceased, lodged a missing report on 07.06.2011. On 13.06.2011, the complainant received a phone call from the deceased's mobile number stating he was detained by six persons demanding money. On 14.06.2011, a ransom demand of Rs.5,00,000 was made. The complainant lodged a report on 15.06.2011, leading to registration of Crime No.39/2011. During investigation, the accused was arrested and allegedly showed the spot where he killed the deceased. Skeleton bones and clothes were found in Katangi forest, and DNA test confirmed the bones were of the deceased. The trial court acquitted the accused, finding the evidence insufficient. The High Court, in appeal, examined the evidence and found that the prosecution failed to prove the chain of circumstances. The court noted that the trial court's view was plausible and not perverse. The appeal was dismissed, upholding the acquittal.
Headnote
A) Criminal Law - Acquittal Appeal - Perversity - State appeal against acquittal under Sections 363, 364, 364A, 302, 201 IPC - Court held that the trial court's acquittal was based on proper appreciation of evidence and not perverse - Prosecution failed to prove chain of circumstances - Appeal dismissed (Paras 1-10) B) Evidence Law - Circumstantial Evidence - Standard of Proof - In cases based on circumstantial evidence, the chain of circumstances must be complete and must point only to the guilt of the accused - Held that the prosecution failed to establish the complete chain (Paras 5-10) C) Criminal Law - Benefit of Doubt - Acquittal - When two views are possible, the view favoring the accused should be adopted - Held that the trial court's view was plausible and not perverse (Paras 9-10)
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and liable to be set aside
Final Decision
Appeal dismissed. Judgment of acquittal passed by Additional Sessions Judge, Bhandara in Sessions Case No.66/2001 is confirmed.
Law Points
- Circumstantial evidence must be complete and point only to guilt
- Benefit of doubt in absence of direct evidence
- Acquittal not to be reversed unless perverse
