SC: For conviction, circumstances to rule out every hypothesis except guilt

The Hon’ble Supreme Court, on 25thMarch 2019, in the matter of Pavan Vasudeo Sharma v. State of Maharashtra through secretary observed that for conviction based on circumstantial evidences, the circumstances relied upon must rule out every single hypothesis except the guilt of the person accused of an offence.

The Hon’ble Supreme Court observed that:

In case of circumstantial evidences, the circumstances concerned “must or should” and not “may be” established. There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved” (This inference has been drawn on the basis of Para 16)

The circumstances relied upon must rule out every single hypothesis except the guilt of the person accused of an offence. (Para 17)

Copy of judgement: Judgement_25-Mar-2019

-Tushar Kaushik

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