Supreme Court of India

Kanhai Mishra @ Kanhaiya Misar v. State of Bihar

Neutral citation
Reported as [2001] 2 S.C.R. 160
Bench K.T. Thomas, Rp. Sethi and B.N. Agrawal JJ.
Decided 27 February 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the foregoing discussions: we have no option but to hold that · the only circumstance which the prosecution has proved against the appellant KANHAI MISHRA v.

Judgment, page 9

From the headnote

Penal Code, Sections 302 and 376-Appellant allegedly raped and murdered deceased after taking her to an orchard- ard-beyan was recorded after 5 hours-No direct ev.idence available-High Court upheld death sen­ tence passed by Trial Court:-On appeal Held, circumstantial evidence should be wholly inconsistent with the innocence of the accused and consistent with his guilt to attract conviction-Court should endeavour to find out whether the accused committed the crime and circumstances form a complete chain­ Inconsistencies, contradictions and suppression present in statements of 1.0., informant

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