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Supreme Court of India · 25/03/2019

PAVAN VASUDEO SHARMA versus STATE OF MAHARASHTRA THROUGH SECRETARY

[2019] 5 S.C.R. 11 · 2019 INSC 396

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Summary

The Supreme Court acquitted the appellant on benefit of doubt where the circumstantial case concerning murder and related charges had material missing links. The prosecution failed to connect the recovered phone’s subscriber with the deceased and inadequately proved the alleged earlier snatching of the weapon, despite the ballistic match. The evidence did not form a complete chain excluding reasonable hypotheses consistent with innocence.

Issues

  1. Whether the phone and firearm evidence completed the circumstantial chain against the appellant.

Held

Result

Appeal allowed; appellant acquitted of the charges and ordered to be released forthwith unless required in another case.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 11.