Case Name : Chandrapal vs State of Chhattisgarh (Earlier MP) Case Reference: (2022) 3 SCR 366 Case Number: Crl A 378/2015 Court: Supreme Court Bench: Dr. Dhananjaya Y Chandrachud, Bella M Trivedi Coram: 02 Date: 27.05.2022
In a case which rests on circumstantial evidence, circumstances concerned “must or should be” established by the prosecution and not “may be” established. Accused “must be” and not merely “may be” guilty. Conclusions of guilt must not be based on vague conjectures Entire chain of circumstances on which conclusion of guilt is drawn should be fully established and should not leave any reasonable ground for conclusion consistent with innocence of accused.
Prosecution has to prove its case beyond reasonable death
Extra judicial confession is a weak piece of evidence, and is only corroborative in nature. Extra judicial confessions must be examined by the court with greater care and caution. Ordinarily conviction for offence of murder should not be made only on the basis of extra judicial confession; and it is be the basis only when it inspires confidence or is fully corroborated by some other evidence of clinching nature.
If prosecution evidence falls short of proof of homicidal death and possibility of suicidal death cannot be ruled out, conviction merely on basis of Last Seen theory is not permissible.
Suspicion howsoever strong cannot take place of proof.
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Judgment name
See also: SCST - Section 3 IPC - Section 201 IPC - Section 34
PDF: Chandrapal vs State of Chhattisgarh, (2022) 3 SCR 366.pdf