Another circumstance relied upon by the prosecution is, that the Appellant failed to give any explanation in his statement Under Section 313 Code of Criminal Procedure.
By now it is well-settled principle of law, that false explanation or non-explanation can only be used as an additional circumstance, when the prosecution has proved the chain of circumstances leading to no other conclusion than the guilt of the Accused. However, it cannot be used as a link to complete the chain.{Para 24}
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1348 of 2013 +
Decided On: 02.03.2021
Shivaji Chintappa Patil Vs. State of Maharashtra
Hon'ble Judges/Coram:
Rohinton Fali Nariman and B.R. Gavai, JJ.
Author: B.R. Gavai, J.
Citation: MANU / SC / 0136 / 2021,AIR 2021 SC 1249,( 2021 ) 5 SCC 626,[ 2021 ] 2 SCR 617
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