VRISHAL MADHUKAR KALANE vs THE STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

Sayali Sawant/Sagar APL-169-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 169 OF 2018 WITH INTERIM APPLICATION NO. 4770 OF 2024 Vrishal Madhukar Kalane R/o. Rudra Shivalay Society Building No.E-4, Bhekrainagar (Rupinagar), Phursungi, Tal. Haveli, Dist. Pune Presently in Yerwada Central Jail, Pune. … Appellant (Original Accused No.2) V/s. 1. The State of Maharashtra (at the instance of Hadapsar Police Station, Pune) 2. Mr. Ajit Suryakant Bankar Age: 43 years, Occ.: Service R/o. E-8, Rudrashivalay Society Building No.E-4, Bhekrainagar (Rupinagar), Fursungi, Tal. Haveli, Dist. Pune … Respondents ______________________ Ms. Rupa J. Singh i/b Mr. Rajesh More, Advocate for the Appellant. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1- State. Mr. Abhishek R. Avachat, Appointed Advocate by Legal Aid for the Respondent No.2. ______________________ 1/63 Sayali Sawant/Sagar APL-169-2018.doc CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. RESERVED ON : 19th SEPTEMBER 2026. PRONOUNCED ON : 9th JUNE 2026. JUDGMENT : [Per: RANJITSINHA RAJA BHONSALE, J] 1) Criminal proceedings/trials, in which a conviction is based on circumstantial evidence, the possibility of the conviction being partly based on surmises or conjecture or even strong suspicion cannot be ruled out and the possibility of the surmises or conjecture taking the place and taking over legal evidence and proof is a lurking possibility. It is, therefore apt, to be reminded by, cautioned and guided by the following observation, in R. v. Hodge [R. v. Hodge, (1838) 2 Lew 227 : 168 ER 1136] that:- “The mind was apt to take a pleasure in adapting circumstances to one another, and even in straining them a little, if need be, to force them to form parts of one connec