STATE OF U.P versus RAM BALAK AND ANR.

STATE OF U.P versus RAM BALAK AND ANR.

The circumstances relied upon by the prosecution do not form a complete and exclusive chain of events pointing to the guilt of the accused, and the extra-judicial confession was not duly confronted to the accused under Section 313. The High Court was correct in acquitting the accused.

Parties
Appellant: State of U.P.; Respondent: Ram Balak; Respondent: An R.
Jurisdiction
India
Judgment Date
03 October 2008
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against Acquittal by High Court
Outcome
Appeal dismissed; acquittal confirmed.
Legal Topics
Circumstantial Evidence, Rape and Murder, Appeal Against Acquittal, Extra Judicial Confession

Case Brief

Summary, issues, holding and outcome

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Parties

State of U.P.

Appellant

Ram Balak

Respondent

An R.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against Acquittal by High Court

  1. 1 Whether the High Court erred in acquitting the accused when the conviction was based solely on circumstantial evidence
  2. 2 Whether the circumstances proved make a complete chain pointing unerringly to the guilt of the accused
  3. 3 Whether extra-judicial confession and dog squad evidence were admissible and sufficient for conviction

Ratio Decidendi

The circumstances relied upon by the prosecution do not form a complete and exclusive chain of events pointing to the guilt of the accused, and the extra-judicial confession was not duly confronted to the accused under Section 313. The High Court was correct in acquitting the accused.

Court Disposition

Appeal dismissed; acquittal confirmed.

Orders

  • Criminal Appeal dismissed; High Court order of acquittal maintained.