VidhiSangh

Supreme Court of India · 05/03/2019

DIGAMBER VAISHNAV & ANR. versus STATE OF CHHATTISGARH CRIMINAL APPEAL NOS. 428-430 OF 2019 MARCH 05, 2019

[2019] 2 S.C.R. 844 · 2019 INSC 308

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Summary

The Supreme Court acquitted two men sentenced to death for five murders and robbery because the circumstantial chain was incomplete. The child’s inconsistent identification, unconnected recoveries, deficient fingerprint proof, inconclusive forensic material and weak last-seen evidence did not establish guilt beyond reasonable doubt.

Issues

  1. Whether the cumulative circumstantial evidence proved the appellants’ guilt beyond reasonable doubt.
  2. Whether the child witness, recoveries and forensic evidence reliably connected them to the crimes.

Provisions considered

Held

Result

Appeals allowed; High Court and Sessions Court judgments set aside. Appellants acquitted of the offences tried and directed to be released forthwith unless required in another case.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 844.