Supreme Court · 2011 INSC 343 · Decided 28 April 2011
Roopsena Khatun v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2011 INSC 343 · [2011] 5 S.C.R. 982
- Case number
- CRIMINAL APPEAL No. 1370/2007
- Decided
- 28 April 2011
- Bench
- V.S. SIRPURKAR, T.S. THAKUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 379
Headnote
Penal Code, 1860: s.302- Murder- Conviction ulss.302 and 379 - Allegation that accused committed murder of child C by drowning her in a pond and thereafter removed silver chain from her person - Conviction based on circumstantial evidence - Circumstances were disclosure statement, extra­ chain from the accused and that accused was last seen with the victim - On appeal, D held: Prosecution failed to prove the case of murder and theft of silver chain against the accused - The body of the victim was found floating in the pond a day after she went missing - In such case, it could be
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