SC: Failure to recover corpus delecti doesn’t entitle accused to acquittal

Today, i.e. on 22ndJuly 2019, the Hon’ble Supreme Court in the matter of Sanjay Rajak v. The State of Bihar, observed that failure of the police to recover the corpus delecti will not entitle the accused to acquittal on benefit of doubt. It is only one of the relevant factors to be considered.

The Hon’ble Supreme Court observed that:

Every individual has a distinctive style of speaking which makes identification by those acquainted possible. Identification of a known person by voice in the darkness has been well recognized in criminal jurisprudence. Even if a person tries to camouflage his voice in one call, given the limitations of human nature there will be a tendency to state certain words or sentences in an inimitable style exposing the identity. (Para 6)

It is not an invariable rule of criminal jurisprudence that the failure of the police to recover the corpus delecti will render the prosecution case doubtful entitling the accused to acquittal on benefit of doubt. It is only one of the relevant factors to be considered along with all other attendant facts and circumstances to arrive at a finding based on reasonability and probability based on normal human prudence and behavior. (Para 9)

Copy of judgement: Judgement_22-Jul-2019

-Tushar Kaushik

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