VidhiSangh

Supreme Court of India · 13/12/2019

SHAILENDRA RAJDEV PASVAN AND OTHERS versus STATE OF GUJARAT ETC.

[2019] 14 S.C.R. 270 · 2019 INSC 1363

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Summary

The Court set aside convictions imposed by the High Court after reversal of acquittals in a child-abduction and murder case. Contradictory last-seen testimony, uncertainty about identification and recovery of the body, a substantial time gap and an unreliable alleged extra-judicial confession failed to form a complete chain of circumstances. The trial court’s reasoned acquittals had not warranted reversal.

Issues

  1. Whether the circumstantial evidence and alleged extra-judicial confession proved guilt beyond reasonable doubt.
  2. Whether the High Court was justified in reversing the trial court’s acquittals.

Held

Result

Appeals allowed. Convictions and sentences arising from FIR No.55/2001 were set aside. The appellants were directed to be released unless lawfully required in another case.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 270.