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Supreme Court of India 2019-09-03 allowed

UMESH TUKARAM PADWAL vs THE STATE OF MAHARASHTRA

Bench: 3 — N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi

In Brief

Umesh Padwal and Pravin Godse were convicted of cheating, abduction and murder by lower courts based on circumstantial evidence. They were accused of fraudulently collecting Rs. 45,000 for arranging employment, then abducting and murdering the victim. The Supreme Court acquitted both accused, finding the prosecution's case built on unreliable circumstantial evidence. The evidence of cheating lacked proof of fraudulent intent; the 'last seen' circumstance was adequately explained; the body recovery was marred by inconsistent testimony and manipulation; and diary entries lacked authentication. No complete chain of circumstances proved guilt beyond reasonable doubt.

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Criminal Law Evidence Circumstantial Evidence Cheating Murder Abduction Burden of Proof Criminal Procedure

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