STATE OF DELHI Vs. SANTOSH KUMAR SINGH

JUDGEMENT

(1.) Criminal Appeal No.233 of 2000 seeks to challenge judgment dated 3rd December, 1999 of the Additional Sessions Judge in acquitting the respondent herein of the charges under Sections 302 and 376 IPC in case FIR No. 50/1996, Police Station Vasant Kunj, New Delhi, later transferred to CBI and re- registered as RC.1(S)/96-SIU.V/SIC.II/CBI/SPE/New Delhi.

(2.) The facts of the case, as noted by the learned Additional Sessions Judge are:

(3.) Since there was no eye witness of the incident, the Prosecution relied upon circumstantial evidence brought on record through oral as well as documentary evidence. As many as 51 witnesses were examined by the Prosecution and when final arguments were being heard, the trial court decided to call one Dr. G.V. Rao as a court witness from CCMB, Hyderabad who along with Dr. Lalji (PW-48) had conducted the DNA test. The trial court while appreciating the evidence divided the case into the following circumstances which, according to it, arose for court's consideration and were pressed into service by the Prosecution for establishing the guilt of the accused (respondent herein) :