Supreme Court · 2023 INSC 803 · Decided 6 September 2023
R. Sreenivasa v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2023 INSC 803 · [2023] 12 S.C.R. 55
- Case number
- CRIMINAL APPEAL No. 859/2011
- Decided
- 6 September 2023
- Bench
- VIKRAM NATH, AHSANUDDIN AMANULLAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201
Headnote
HEADNOTES Issue for consideration: High Court if justifi ed in reversing the acquittal order passed by the Trial Court qua the appellant-accused acquitting him of off ences u/ss.302 and 201, IPC by which it held that the prosecution had failed to prove that the deceased was last seen in the Evidence - Circumstantial evidence - Last seen theory - When cannot be invoked: Held: The 'last seen' theory can be invoked only when the same stands proved beyond reasonable doubt - In the present case, there is no defi nitive evidence of last seen and
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