SAU. SHALINI RAJU GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused has filed the present appeal against the impugned judgment of conviction in Sessions Trial No. 44/2018 passed by the Additional Sessions Judge, Buldana.

(2.) The case of the prosecution against the appellant in short is as under :-

(3.) Heard learned Advocate Shri Thakkar for the appellant/ accused. He has pointed out that there is no material evidence to connect the accused with the crime. The prosecution has to prove guilt of accused beyond reasonable doubt. Learned Advocate has submitted that deceased was taken on 26-3-2018 by the accused. As per the opinion of Doctor, deceased might have died on 27-3-2018. Nobody was examined by the prosecution to show that before the incident, anybody had seen the accused taking the deceased towards well. Learned Advocate has pointed out evidence of P.W. 1 and submitted that though P.W. 1 has stated that Deepak Laxman Gaikwad saw the accused taking deceased towards well, but Deepak Laxman Gaikwad is not examined by the prosecution. Learned Advocate has submitted that while convicting the accused on the basis of circumstantial evidence, the circumstances must be strong and should be of conclusive nature. The circumstance in this case is only of "last seen" and it is not proved. At last, learned Advocate has submitted that the prosecution has failed to prove guilt of accused, therefore, prayed to acquit the accused.