Supreme Court · 2023 INSC 561 · Decided 19 May 2023
Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2023 INSC 561 · [2023] 8 S.C.R. 152
- Case number
- CRIMINAL APPEAL No. 1636/2023
- Decided
- 19 May 2023
- Bench
- BHUSHAN RAMKRISHNA GAVAI, VIKRAM NATH, SANJAY KAROL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 377, 302, 201; CrPC Section 53A
Headnote
Evidence - Case of circumstantial evidence - Six year old child was sexually assaulted, killed and thrown her into a 'nala' - Appellant was arrested on the basis of suspicion - Charged for having committed 377, 302 and 201, IPC -Concurrently convicted, death sentence imposed for the charge u/s.302 and sentenced for other offences - Correctness of - Held: There were yawning gaps in the chain of circumstances rendering it far from being established, pointing to the guilt of the
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