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Depending on circumstantial evidence with absence of motive in case favours the accused: SC

27th September 2020

Depending on circumstantial evidence with absence of motive in case favours the accused: SC

The bench of Justice Ashok Bhushan, R. Subhash Reddy and MR Shah stated that the absence of motive in the case depending on circumstantial evidence is a factor that weighs in favour of the accused, the Supreme Court has reiterated. In The case of Anwar Ali vs. State of Himachal Pradesh the accused in the appeal before the apex court failed to establish and prove the motive and therefore the accused deserves acquittal. In this the bench observed that absence of proving the motive cannot be the ground to reject the prosecution’s case. If motive is proved that would supply a link in the chain of circumstantial evidence. That it is observed and proved that the absence of motive in the case depends on the circumstantial evidence and that weighs in favour of the accused

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