Published on: 14 September 2023 at 9:30 IST
Court: Supreme Court of India
Citation: Sunil V. State of Haryana (2010)
Honourable Supreme Court of India has held that the conviction in a criminal case cannot be based on an approximate facts which are not supported by any record. It is held that it conviction can-not be awarded on an approximation. It is the duty of the prosecution to produce the absolute evidence to prove the guilt of the of the accused with cogent and irrefutable evidence.
27. On consideration of the totality of the facts and circumstances of this case, it would be unsafe to convict the appellant when there are so many infirmities, holes and lacunae in the prosecution version. The appellant is clearly entitled to the benefit of doubt and consequently the appeal filed by the appellant deserves to be allowed. The appellant is directed to be released forthwith, if not required in any case.
25. The prosecution also failed to produce any admission form of the school which would have been primary evidence regarding the age of the prosecutrix. The school leaving certificate produced by the prosecution was also procured on 12-9-1996, six days after the incident and three days after the arrest of the appellant. As per that certificate also, she joined the school in the middle of the session and left the school in the middle of the session.
The attendance in the school of 100 days is also not reliable. The prosecutrix was admitted in the school by Ashok Kumar, her brother. The said Ashok Kumar was not examined. The alleged school leaving certificate on the basis of which the age was entered in the school was not produced.
Drafted By Abhijit Mishra