Supreme Court · 2008 INSC 1408 · Decided 8 December 2008
State of Goa v. Pandurang Mohite
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1408 · [2008] 17 S.C.R. 176
- Case number
- CRIMINAL APPEAL No. 598/2002
- Decided
- 8 December 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 392, 201; CrPC Section 378; Constitution Article 136
Headnote
Penal Code, 1860: Ss.302, 392 and 201 - Conviction by trial court on the basis of circumstantial evidence relating to accused last seen with deceased - Acquittal by High Court - Held: Conviction can be based solely on circumstantial evidence but it should o be tested by the touch-stone of evidence - In the instant case, the evidence of two witnesses to have seen the accused with the deceased at the same time at different places seems to be an impossibility - . Judgment of High Court warrants no interference - E Circumstantial evidence -Code of Criminal Procedure, 1973 -
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