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Supreme Court of India 2019-07-30 allowed

Sunita vs State of Haryana

Bench: 2 — Hemant Gupta

In Brief

Sunita was convicted by a trial court for the murder of Sushila on the basis of circumstantial evidence, primarily the last seen theory. The Supreme Court allowed her appeal and acquitted her. The Court held that while the last seen theory alone is weak evidence and may require corroboration with other circumstances, in this case the prosecution failed to establish a complete chain of evidence. Key weaknesses included discrepancies in the victim's height, physical improbability of transporting a dead body by scooter, the animosity of key witnesses towards the appellant, lack of motive, and missing details on where and how the victim died. The appellant was entitled to the benefit of doubt and was set at liberty."

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Criminal Law Murder Circumstantial Evidence Evidence Act

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