“Testimony of witnesses might not be reliable but circumstantial evidence is 'res ipsa loquitur' in criminal cases”: HC while upholding conviction

Team SoOLEGAL 11 May 2021 3:13pm

“Testimony of witnesses might not be reliable but circumstantial evidence is 'res ipsa loquitur' in criminal cases”: HC while upholding conviction

Bombay High Court upheld the judgement passed by the Sessions Court and found the appellant to be guilty who was charged for murdering three women. The appeal was being heard by Justice Sadhna S Jadhav and Justice NR Borkar and they stated that in this particular case, the circumstantial evidences play a major role and if there are any discrepancies or loop holes in the investigation, it certainly does not prove that the accused is not guilty.

The case was of a family consisting of a mother and two sisters who went missing and the complainant got a phone call from her mother’s phone where she was told that the complainant has to reach a mentioned place alone if she wishes to see her mother and the complainant, after this phone call, informed the police about the same.  The complainant was informed by her cousin who stated that one of her sisters was in an intimate relationship with the accused of the case and the accused was thrown out of his village for doing the same. After the police arrested the appellant, he, himself surrendered that he had murdered the three women.

The appellant was declared guilty by Alibaug Sessions Judge and then he challenged this particular judgment in Bombay High Court mentioning that the prosecution in the Sessions Court had used many of the evidences and relied upon certain facts and information that were provided by the accused himself. The accused has challenged the judgment on the ground that this case has gone through many suspicions and certainly do not have any major proof and he cannot be convicted without any proof. Certain loop holes, during the police investigation were pointed out in the plea, that can stand against the case of the prosecution.

The High Court of Bombay found out that the appellant was not a resident of the place where the dead bodies were found. But the Court also observed that beside one of the dead bodies, the wallet of the accused containing his driving license affixed with his photograph, a card of Royal Twinkle Star club belonging to the accused, the election card, the visiting card of a political leader and other photographs was found, though this could not stand as a good proof to the side of the prosecution. A photograph of one of the deceased and the cell phone that was used for phone calls between prosecution witness was found in the house of the accused and these acted as major evidences against him.

These circumstantial evidences were quite enough to proof that the accused was guilty. The loop holes in police investigation would not be used to acquit the accused. The Bombay High Court dismissed the appeal and directed the appellant to surrender to the Sessions Court if he is out on bail and parole for more than eight weeks. 

Tagged: Bombay High Court   criminal cases   Sessions Court  
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