Lingering Doubt Theory

THE SUPREME COURT OF INDIA

SUNDAR @ SUNDARRAJAN — Appellant VS STATE BY INSPECTOR OF POLICE — Respondent

( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Hima Kohli and Pamidighantam Sri Narasimha, JJ. )

Review Petition (Crl.) Nos. 159-160 of 2013 in Criminal Appeal Nos. 300-301 of 2011

DATE OF DECISION 21-03-2023

Lingering Doubt Theory

57. The counsel for the petitioner submitted that the sentence of death cannot be imposed in such cases where the conviction is based on circumstantial evidence as a lingering doubt regarding the guilt of the accused persists.

58. However, in Shatrughna Baban Meshram v State of Maharashtra, 2021 (1) SCC 596 a three judge Bench of this Court has ruled out the theory of lingering doubt/ residual doubt. The Court held:

77. When it comes to cases based on circumstantial evidence in our jurisprudence, the standard that is adopted in terms of law laid down by this Court as noticed in Sharad Birdhichand Sarda and subsequent decisions is that the circumstances must not only be individually proved or established, but they must form a consistent chain, so conclusive as to rule out the possibility of any other hypothesis except the guilt of the accused. On the strength of these principles, the burden in such cases is already of a greater magnitude. Once that burden is discharged, it is implicit that any other hypothesis or the innocence of the accused, already stands ruled out when the matter is taken up at the stage of sentence after returning the finding of guilt. So, theoretically the concept or theory of "residual doubt" does not have any place in a case bas