Supreme Court · 1980 INSC 237 · Decided 17 December 1980

Shankarlal Gyarasilal Dixit v. State of Maharashtra

Court
Supreme Court of India
Citation
1980 INSC 237 · [1981] 2 S.C.R. 384
Case number
CRIMINAL APPEAL No. 766/1980
Decided
17 December 1980
Bench
Y.V. CHANDRACHUD, A.P. SEN, BAHARUL ISLAM (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376, 302

Headnote

Evidence-CircumstanJi'al evidence-Tests to be applied while evaluating circumstantial evidence-Falsity of defence-If could take the place of proof of facts--"Shadow of doubt" meaning of. The prosecution alleged that when the deceased girl did :.iot ictu1n home C for quite some time from of her. Believing that .she might be in the ~ppellant's house. they repeatedly knocked at the door whict> wns locked from inside, but tl1ere was no response from within. At that moment P .W. 5 who lived next to the appellant's house, arrived on the scene. P.W. 5 climbed over the roof of his

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