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Supreme Court of India · 31/10/2018

REENA HAZARIKA versus STATE OF ASSAM

[2018] 13 S.C.R. 1108 · 2018 INSC 1029

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Summary

The Supreme Court acquitted the appellant of her husband’s murder because the circumstantial chain did not exclude innocence. Contradictory testimony, the mismatch between injuries and the alleged weapon, investigative omissions and failure to consider her plausible defence created reasonable doubt. Last-seen evidence could not shift the burden without the prosecution’s necessary foundation. Her absence of tears did not prove guilt. Release was ordered unless she was wanted in another case.

Issues

  1. Whether the circumstantial evidence excluded a reasonable hypothesis of innocence.
  2. Whether last-seen circumstances shifted the burden under Section 106.
  3. Whether failure to consider the Section 313 defence prejudiced the accused.

Provisions considered

Held

Result

Appeal allowed. Appellant acquitted on benefit of doubt and ordered released forthwith unless wanted in another case.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1108.