Supreme Court · 1991 INSC 101 · Decided 12 April 1991
Jaharlal Das v. State of Orissa
- Court
- Supreme Court of India
- Citation
- 1991 INSC 101 · [1991] 2 S.C.R. 298
- Case number
- CRIMINAL APPEAL No. 276/1991
- Decided
- 12 April 1991
- Bench
- S. RATNAVEL PANDIAN, K. JAYACHANDRA REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 376; Evidence Act Section 27
Headnote
Indian Penal Code, 1860: Sections 302 and 376--Rape and murder-Criminal trial-Death penalty-Circumstantial evidence­ Sufficiency of evidence for conviction-Gravity of offence cannot over­ weigh legal proof-Caution against basing conviction on suspicion­ Court should ensure that evidence as a basis for conviction explained-Inquest Report-Purpose of The appellant was tried for rape and murder of a girl aged five years. The entire evidence against him was circumstantial: (a) the accused and the deceased were last seen toghether; (b) false explanation given by the
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