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
Legal Issues
- 1 Whether the High Court erred in acquitting the accused when the conviction was based solely on circumstantial evidence
- 2 Whether the circumstances proved make a complete chain pointing unerringly to the guilt of the accused
- 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.
Full Case Text
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