BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Public Prosecutor on behalf of the State.

(2.) THE first contention raised by the learned counsel for the petitioner has already been repelled by this Court's order, dated October 23, 1978. Hon'ble Sidhu J. has held that the accused-petitioner is not below 16 years of age. THEre is nothing on the record to revise that finding, as the material in both the cases is the same.

(3.) MERE allegations of mala fides by the offender against the police and a vehement claim of innocence put forward by the learned counsel are manifestly insufficient for arriving at the conclusion that the accused is innocent. Prima facie the chain of evidence relied upon by the prosecution is complete. Each of the circumstance when considered individually can be explained by citing a variety of acceptable answers, but such circumstances cannot be considered in water tight compartments. The totality of the circumstances relied upon by the prosecution are required to be seen. It would be too much to say at this stage that there is no evidence against the accused. No doubt, at the final stage of the case a stricter proof will have to be applied, for judging the guilt of the accused with reference to the various circumstantial evidence against him.