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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 of murdering Sushila (wife of her distant cousin) based on circumstantial evidence, primarily witness testimony that Sushila was last seen with her. The Supreme Court set aside the conviction and acquitted Sunita. The Court held that in circumstantial evidence cases, the prosecution must prove an unbroken chain linking the accused to the crime. The 'last seen' evidence was weak, weakened further by height discrepancies, implausibility of the alleged crime method, witness hostility towards the accused, and gaps in the chain. The prosecution failed to prove the crime location, cause of death, or the appellant's motive sufficiently, warranting acquittal.

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Criminal Procedure Evidence Law Murder Circumstantial Evidence Last Seen Theory Burden of Proof Section 302 IPC Section 106 Evidence Act

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