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Mere recovery of blood-stained weapon matching deceased’s blood group not sufficient to prove murder: SC

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New Delhi, June 27: Upholding the acquittal of an accused, the Supreme Court has ruled that mere recovery of a blood-stained weapon bearing the same blood group as that of the deceased would not be sufficient to prove the charge of murder.

A bench of Justices Sandeep Mehta and P.B. Varale was dealing with a criminal appeal filed by the Rajasthan government challenging a judgment of the Rajasthan High Court, which had acquitted the respondent-accused of the offence of murder.

In its impugned order, a division bench set aside the judgment passed by the Additional Sessions Judge in December 2008, which had convicted the respondent for the offence punishable under Section 302 of the Indian Penal Code, 1860 and sentenced him to undergo life imprisonment and pay a fine of Rs 100, and in default of payment of fine, to further undergo 3 months simple imprisonment.

During the trial, the respondent was charged with the murder of Chotu Lal, which took place on the intervening night of March 1 and 2, 2007.

Initially, an FIR was filed against unknown assailants, and at a later stage, the respondent was arraigned in the case on the basis of suspicion and circumstantial evidence.

The prosecution led circumstantial evidence in the form of motive, alleging the respondent was having an evil eye on the wife of the deceased; recovery of the weapon of offence and the FSL report indicating that the blood group on the weapon matched with the blood group of the deceased (B +ve).

Contrary to the findings of the trial court, the Rajasthan High Court opined that the prosecution could not prove the complete chain of circumstances required to bring home the guilt of the accused in the case, which was based entirely on circumstantial evidence, and proceeded to acquit the respondent.

Concurring with the view taken by the Rajasthan HC, the Justice Mehta-led Bench said: “We find that the incriminating circumstances relied upon by the prosecution, i.e., the motive and the recovery of the blood stained weapon, even taken in conjunction cannot constitute the complete chain of incriminating circumstances required to bring home the charges against the accused.”

“The High Court seems to have overlooked the FSL report, which fact was stressed upon by learned counsel for the appellant (state government). However, in our view, even if the FSL report is taken into account, then also, other than the fact that the weapon recovered at the instance of the accused tested positive for the same blood group as that of the deceased (B +ve), nothing much turns on the said report,” it added.

The apex court, relying upon a previous judgment of the apex court, opined that mere recovery of a blood-stained weapon even bearing the same blood group of the victim would not be sufficient to prove the charge of murder.

It discarded the theory of motive, saying the evidence in that regard seems to be very vague and vacillating.

The Justice Mehta-led Bench added that the law is well settled by a catena of apex court decisions that in an appeal against acquittal, interference can only be made if the only possible view based on the evidence points to the guilt of the accused and rules out his innocence.

Dismissing the appeal of the state government, the Supreme Court said: “In the present case, we are duly satisfied that the prosecution failed to lead clinching evidence to bring home the charges. The only possible view is the one taken by the High Court, i.e., the innocence of the accused.”

Crime

Malad School Case: Mumbai Crime Branch Report Finds No Evidence Of Sexual Assault On 3-Year-Old Girl, Denies Mother’s Allegations

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Mumbai: The Mumbai Crime Branch Unit-11 submitted an investigation report regarding the alleged sexual molestation of a 3.6-year-old girl at a high-end school in Malad West on February 12, 2025, to the Maharashtra State Commission for Protection of Child Rights on September 11. Based on the evidence, the report strongly denied that the incident occurred.

According to the report, the victim was safe the entire day at school. After reviewing CCTV footage, recording statements from school staff, doctors from Cloudnine Hospital in Malad West, a neighbour of the complainant, and examining the medical report from Cooper Hospital, it was revealed that the girl and the suspect music teacher were not seen together on that day, and no evidence of a sexual assault was found at any point.

The report claimed that the teacher and other school staff had never heard the word ‘monster’ and claimed the word originated from the complainant and her daughter.

The victim’s 36-year-old mother, an advertising professional, filed a complaint at the Bangur Nagar police station. She had been claiming the ayah (nanny) who took her daughter to the washroom and the male music teacher allegedly molested her child, referring to the teacher as the “monster” who assaulted her.

An FIR was registered on February 13 under Section 64(2) (punishment for rape) of the Bharatiya Nyaya Sanhita, along with Sections 4 (punishment for penetrative sexual assault), 8 (punishment for sexual assault), and 12 (sexual harassment of a child) of the POCSO Act (Protection of Children from Sexual Offences Act).

During the investigation, the girl’s mother filed a petition in the Bombay High Court requesting that the investigation be transferred to another agency. Following the Bombay High Court’s direction, the investigation was handed over to the Crime Branch Unit-11 on July 9, 2025.

According to the Crime Branch report, statements were recorded of Dr. Dehuti Wacchani, 31, and Manasi Verma, 36, of Cloudnine Hospital, who treated the victim. The Crime Branch recorded statements from a total of 22 school staff members, including those from the nursing department, IT department, administration department, assistant staff department (nannies), and teachers.

Additionally, a statement from a 60-year-old female neighbour of the complainant was also recorded. The victim’s statement was recorded in front of her mother, and both the mother’s and the daughter’s statements were recorded before the Metropolitan Magistrate Court in Mazgaon.

After a medical examination was performed at Cooper Hospital in Juhu, the report and the victim’s clothes were sent to the Kalina laboratory. The laboratory’s report stated that ‘neither blood nor semen was detected.’

The investigation report also claimed that the complainant provided a different statement each time she was interviewed. When police asked her to present the girl before the Child Welfare Committee, she did not do so.

According to the victim’s mother, the incident occurred in the washroom of the sick bay. However, the Crime Branch reviewed CCTV footage and found no evidence of the girl arriving at the sick bay on that day. Police reviewed the entire day’s footage and found no objectionable incidents involving the girl until her mother picked her up.

The report claimed that the complainant held a grudge against a male music teacher. The CCTV footage revealed that the victim was not seen with the music teacher at any time on February 12. That day, at 6 pm, the complainant safely took her daughter home via an auto rickshaw. The investigation was conducted by Manohar Avhad, Senior Police Inspector of the Crime Branch Unit-11.

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Crime

ED conducts raids in Rs 200-crore bank fraud, benami assets case linked to Sasikala

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Chennai, Sep 18: The Enforcement Directorate (ED) on Thursday launched extensive searches in Chennai and Hyderabad in connection with a money laundering probe into an alleged Rs 200 crore bank fraud and benami property dealings linked to V. K. Sasikala, the confidante of late Tamil Nadu Chief Minister J. Jayalalithaa.

Officials confirmed that the searches covered at least ten locations across the two cities.

The premises, according to the source, are connected to a businessman who has been identified as an alleged benami of Sasikala. The raids were conducted under the provisions of the Prevention of Money Laundering Act (PMLA).

The investigation stems from a case registered by the Central Bureau of Investigation (CBI), which had earlier filed an FIR over what it described as fraudulent banking transactions running into hundreds of crores.

Acting on this, the ED initiated its own money laundering probe to trace the flow of funds and identify properties suspected to have been acquired through illegal means or in the names of benami holders.

Sources said officials are seizing documents, financial records, property deeds and electronic evidence from the searched locations. These materials will be examined to establish links between the bank fraud and assets allegedly concealed through benami arrangements.

While the extent of seizures is not yet clear, officials indicated that the raids were aimed at unearthing the full scale of transactions connected to the case.

The action once again puts Sasikala back in the spotlight. A key player in Tamil Nadu politics for decades, she has previously faced allegations and legal battles over disproportionate assets.

The ED’s current move revives scrutiny into her financial networks, particularly through associates and business entities suspected to have acted as fronts.

Investigators are likely to expand the probe depending on the findings from the ongoing searches. If evidence of laundering or concealment is confirmed, assets may be provisionally attached under PMLA, and further charges could follow.

The raids have drawn political attention as well, with observers noting that the timing and the scale of the operation underscore the central agency’s renewed focus on high-profile economic offences in Tamil Nadu.

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Crime

Thane Crime: Shahapur Police Arrest 2 Individuals For Beating 47-Year-Old Man To Death Over Petty Dispute

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Thane: The Shahapur Police have arrested two individuals for allegedly assaulting a man to death over a petty dispute. The deceased has been identified as Ramdash Gorkhane (47), a resident of Pradhan Pada in Shahapur, Thane district.

The accused have been identified as Sunil Nimase and Dhananjay Sugir. The body was found at Ratandale village near the Nagpur–Samruddhi Expressway on Tuesday.

According to the police, the victim and four accused were drinking a liquor together when they later went to the victim’s residence to take a villager’s hen. An altercation broke out, which escalated into physical violence.

The accused allegedly dragged the victim into their Scorpio car and assaulted him with fists and blows about 1.5 km from the spot. Later they have dumped him in unconscious condition at the location and fled the scene.

The body was discovered on Tuesday morning by villagers. Local villagers alerted the police, who rushed to the scene and sent him to a nearby hospital in Shahapur, where he was declared dead on arrival.

Mukesh Dhage, Senior Police Inspector of Shahapur Police Station, said, “So far, we have arrested two accused and launched a manhunt for the remaining suspects. Based on information from the victim’s nephew, a murder case has been registered. Further investigation is underway.”

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