Issues
- Whether the absence of motive in a case of circumstantial evidence weighs in favour of the accused?
- Whether the last seen theory must establish the proximity of time?
Held
- The Apex Court acquitted the accused persons by setting aside the order of the High Court.
- In a case based on substantial (circumstantial) evidence, motive assumes great significance. It is not as if motive alone becomes the crucial link in the case to be established by the prosecution and in its absence the case of Prosecution must be discarded. But, at the same time, complete absence of motive assumes a different complexion and such absence definitely weighs in favour of the accused.
- In the instant case even on the issue of “last seen”, the evidence of PW-8- Ullekh Prasad did not give any particulars nor did it establish any proximity in terms of time. Further, even after the deceased had gone missing, no suspicion was entertained at any juncture against the appellant and his name came to the surface only after the crime was converted to one under Section 302 of the IPC.
Relevant Para No.
- 10 & 13