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Wednesday, June 5

In a case of circumstantial evidence, motive may be a very relevant factor

Rohtash Kumar vs. State of Haryana, Criminal Appeal No.  896 of 2011, Decided on May 29, 2013
The Hon’ble Supreme Court held:

The evidence regarding the existence of a motive which operates in the mind of the accused is very often very limited, and may not be within the reach of others. The motive driving the accused to commit an offence may be known only to him and to no other. In a case of circumstantial evidence, motive may be a very relevant factor. However, it is the perpetrator of the crime alone who is aware of the circumstances that prompted him to adopt a certain course of action, leading to the commission of the crime. Therefore, if the evidence on record suggests adequately, the existence of the necessary motive required to commit a crime, it may be conceived that the accused has in fact, committed the same”. [Para 21]

The Court referred following case laws:

Subedar Tewari v. State of U.P. & Ors., AIR 1989 SC 733
Suresh Chandra Bahri v. State of Bihar, AIR 1994 SC 2420
Dr. Sunil Clifford Daniel v. State of Punjab, (2012) 11 SCC 205

To see full text follow the link:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40444