Prosecution failed to established charges beyond all reasonable doubts

Section 383 CRPC Section 201 IPC Offence under Case of human sacrifice Conviction and Sentence Appeal against Admittedly, no direct witness to support prosecution case Prosecution depends on circumstances to prove its case Dead-body of victim was not available for post mortem examination Prosecution not produced record of that UD case nor written report lodged to register UD case Prosecution also not examined informant of that UD case None of witnesses stated about any such mark of force or injury on dead body which would have directly suggestive of cause of death Further no other spot of offence where death of deceased took place has been described by prosecution Neither any weapon of offence nor any other incriminating material like blood stained wearing apparel recovered by prosecution First circumstance is about motive for murder that same is for human sacrifice Prosecution projected case that Appellant sacrificed child before Kali Mata Evidence reveals that temple situating in backyard of house of Appellant is a Hari Temple (Lord Bishnu) Nowhere any idol of Kali Mata or anything connected thereto has been brought on record Such a weak piece of evidence in given scenario coupled with other discrepancies is insufficient to prove guilt against appellant Prosecution failed to established charges beyond all reasonable doubts against Appellant Prosecution failed to establish charges against Appellant and appellant is entitled to benefit of doubts Appellant is held not guilty of charges and is acquitted thereof. [Paras 8, 9, 11, 12, 14 and 16 to 18]

Bhaskar vs State Of Odisha JCRLA 4/14 26/10/21 [ ROUTARY JJ ]

[ ORISSA HIGH COURT ]