SHAHNAZ Vs. STATE

JUDGEMENT

(1.) Shahnaz is convicted for the offence of murder of Rakesh Gupta and directed to undergo imprisonment for life for the same.

(2.) Shahnaz assails the impugned judgment of conviction dated November 25, 2013 on the ground that the present is a case of no evidence against her. Rahul Gupta, who deposed as an eye-witness, has been disbelieved by the learned Trial Court and rightly so. There is no direct evidence and even the circumstantial evidence so sought to be proved by the prosecution does not form a complete chain so as to rule out the hypothesis of the innocence of Shahnaz. There is no evidence on record that Rakesh Gupta was last seen with Shahnaz or that she inflicted injuries to him and thereafter dumped the body in the drain from where the dead body was recovered. Moreover, the dead body recovered could not have been identified to be that of Rakesh Gupta as it was in a highly decomposed condition. Even the teeth which were taken out for the DNA analysis could not give the result. The identification of the dead body being highly doubtful, the conviction of Shahnaz as above is vitiated. The recovery of the wicket for playing cricket has also been planted and does not connect with the offence as no blood was found thereon.

(3.) In her defence Shahnaz produced Dharampal, DW-1. Shahnaz pleaded false implication and in her explanation under Section 313 Cr.P.C stated: