SHAILENDRA RAJDEV PASVAN AND OTHERS versus STATE OF GUJARAT ETC.

SHAILENDRA RAJDEV PASVAN AND OTHERS versus STATE OF GUJARAT ETC.

The conviction of the appellants cannot be sustained as the chain of circumstantial evidence is incomplete, material contradictions exist regarding last seen theory, the identification of the deceased is doubtful, the extra-judicial confession is questionable and uncorroborated, and presumption of innocence is reinforced by trial court acquittal.

Parties
Appellants: Shailendra Rajdev Pasvan and others; Respondents: State of Gujarat etc.
Jurisdiction
India
Judgment Date
13 December 2019
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order of High Court Convicting Appellants, Reversing Acquittal by Trial Court
Outcome
Appeals allowed; conviction and sentences set aside. Appellants to be released from custody unless detained in another case.
Legal Topics
Circumstantial Evidence, Presumption of Innocence, Reversal of Acquittal, Evidentiary Value of Extra Judicial Confession
Criminal Law Circumstantial Evidence Presumption of Innocence Reversal of Acquittal Evidentiary Value of Extra Judicial Confession

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Parties

Shailendra Rajdev Pasvan and others

Appellants

State of Gujarat etc.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order of High Court Convicting Appellants, Reversing Acquittal by Trial Court

Legal Issues

  1. 1 Whether conviction can be sustained on the basis of circumstantial evidence and extra-judicial confession
  2. 2 Whether the High Court rightly reversed the acquittal by the trial court

Ratio Decidendi

The conviction of the appellants cannot be sustained as the chain of circumstantial evidence is incomplete, material contradictions exist regarding last seen theory, the identification of the deceased is doubtful, the extra-judicial confession is questionable and uncorroborated, and presumption of innocence is reinforced by trial court acquittal.

Court Disposition

Appeals allowed; conviction and sentences set aside. Appellants to be released from custody unless detained in another case.

Orders

  • Conviction and sentences of appellants arising from FIR No. 55/2001 set aside
  • Appellants to be released from custody unless required to be detained in any other case in accordance with law