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december 1971

Supreme Court of India · 1971-12-07

HIMACHAL PRADESH ADMINISTRATION vs SHRI OM PRAKASH

Citation / case number
SC 1969/60324
Court
Supreme Court of India
Petitioner
HIMACHAL PRADESH ADMINISTRATION
Respondent
SHRI OM PRAKASH
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that in an appeal against acquittal under Article 136, it can interfere with findings of fact if the High Court acted perversely. The Court emphasized that circumstantial evidence must form a complete chain leading to the conclusion that the accused alone committed the offence, and the prosecution bears the burden of proof. The Court found that the trial court's conviction was justified based on the circumstantial evidence, including motive, last seen evidence, and recoveries under Section 27 of the Evidence Act, despite the High Court's concerns about witness impartiality.

HIMACHAL PRADESH ADMINISTRATION vs SHRI OM PRAKASH · Niyam