Lawstreet Journal

In Cases Dependent Upon Circumstantial Evidence, the Absence of Motive is a Factor that Goes in favor of Accused: SC

Lawstreet Journal 30 Sep 2020 3:17am

Image courtesy: Lawstreet Journal Judiciary In Cases Dependent Upon Circumstantial Evidence, the Absence of Motive is a Factor that Goes in favor of Accused: SC

The Supreme Court in Anwar Ali and Another v. State of Himachal Pradesh (Cr Appeal no. 1121 of 2016) reiterated that in a case that depends upon circumstantial evidence, the absence of motive is a factor which weighs in the favor of the accused. 

The three-judge bench comprising of Justice Ashok Bhushan, R Subhash Reddy, and M R Shah restored that the acquittal of two accused Anwar Ali and Sharif Mohammad by setting aside the conviction by the Himachal Pradesh High Court. Both the accused was charged for the offenses punishable under Section 302 (punishment for murder) read with Section 34 (Common Intention), Section 392 (punishment for robbery), Section 420 (Cheating and dishonesty inducing delivery of property), and Section 201(Causing disappearance of evidence of offense) Indian Penal Code, 1860. 

The accused raised the voice that in the appeal before the Supreme Court that the prosecution was failed to establish and prove the motive of the murder and therefore the accused deserve acquittal. In this regard, the bench has said that 

"It is true that the absence of proving the motive cannot be a ground to reject the prosecution case it is also true and held by this court in the case of Suresh Chandra Bahari v. State of Bihar 1995 Supp (1) SCC 80, that if the motive is proved that would supply a link in the chain of circumstantial evidence but in the absence thereof, cannot be a ground to reject the prosecution case. However, at the same time as observed by… Continue Reading...


Tagged: Supreme Court of India  
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