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Supreme Court of India 2025-02-24 allowed

MD. BANI ALAM MAZID @ DHAN vs STATE OF ASSAM

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

A 16-year-old girl disappeared with the appellant and was found dead five days later. The trial court convicted the appellant for murder, kidnapping, and destruction of evidence based on circumstantial evidence. The High Court set aside the kidnapping conviction but upheld the murder conviction on two grounds: "last seen together" and "leading to discovery." The Supreme Court found that the High Court had already rejected extra-judicial confessions as inadmissible, breaking the chain of circumstantial evidence. Without complete proof of each circumstance, the substantial time gap between last sighting and death discovery, and critically, the total absence of motive (the appellant and victim were in love, with marriage being planned), the Court acquitted the appellant, holding the prosecution failed to dispel reasonable doubt.

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Criminal Procedure Circumstantial Evidence Indian Penal Code Evidence Act Murder Kidnapping Confession

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