Rohtash Kumar vs. State of Haryana, Criminal
Appeal No. 896 of 2011, Decided on May 29, 2013
“It is
obligatory on the part of the accused while being examined under Section 313
Cr.P.C., to furnish some explanation with respect to the incriminating
circumstances associated with him, and the court must take note of such
explanation even in a case of circumstantial evidence, to decide whether or
not, the chain of circumstances is complete”. [Para 22]
“Undoubtedly, the prosecution has to prove its case
beyond reasonable doubt. However, in certain circumstances, the accused has to
furnish some explanation to the incriminating circumstances, which has come in
evidence, put to him. A false explanation may be counted as providing a missing
link for completing a chain of circumstances”.[Para 23]
The Court referred following case
laws:
State of Maharashtra v.
Suresh, (2000) 1 SCC
471, wherein the SC held as under:
“When the attention of the accused is drawn to such
circumstances that inculpate him in relation to the commission of the crime,
and he fails to offer an appropriate explanation or gives a false answer with respect
to the same, the said act may be counted as providing a missing link for
completing the chain of circumstances.”
Musheer Khan @ Badshah Khan & Anr. v. State of
Madhya Pradesh, AIR 2010 SC
762
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text follow the link:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40444