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Rajasthan High Court · body

2026 DIGILAW 11 (RAJ)

State Of Rajasthan, Through Pp v. Mohammad Ali, S/o Ikbal Hussain

2026-01-13

CHANDRA SHEKHAR SHARMA, VINIT KUMAR MATHUR

body2026
ORDER : Chandra Shekhar Sharma, J. (i) Circumstances from which the conclusion of guilt is to be drawn should be fully established, (ii) the facts so established should be consistent only with the hypothesis of the guilt of the accused and should not be explainable on any other hypothesis except that the accused is guilty, (iii) the circumstances should be of a conclusive nature and tendency, (iv) they should exclude every possible hypothesis except the one to be proved and (v) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability, the act must have been done by the accused. "Salutary principles while dealing with appeal against acquittal are that if the appreciation of evidence by the Trial Court did not suffer from any flaw, the order of acquittal could not have been set aside...."