manish sharma

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Motive : 19. Normally, there is a motive behind every criminal act and that is why investigating agency as well as the Court while examining the complicity of an accused try to ascertain as to what was the motive of the accused to commit the crime. In a case, which is based on circumstantial evidence, motive for committing the crime assumes greater importance. Of course, if each of the circumstances proved on behalf of the prosecution is accepted for purpose of recording a finding that it was the accused who committed the crime, even in absence of proof of a motive for commission of such a crime, the Crl.A.Nos. 939/2001, 27/2002 & 953/2001 Page 9 of 20 accused can be convicted. But the investigating agency as well as the Court should ascertain as far as possible what was the immediate motive on the part of the accused which led him to commit the crime. 20. No doubt in circumstantial evidence, motive assumes greater importance but absence of it does not undermine credibility of the prosecution case. Motive remains hidden/ locked in the heart of the culprit and it is a well known dictum that even the devil may not know the thoughts of a man. Motive is a fact which no human being but the party himself can divine. Therefore, failure to discover a motive for an offence does not signify its absence and failure to produce evidence does not fatally affect it.

Crl.A.Nos. 939/2001, 27/2002 & 953/2001 Page 1 of 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : 23rd January, 2012 % DECIDED ON : 17th February, 2012 + CRL.A. 939/2001 ALOK KUMAR ….. Appellant Through : Mr.O.P.Malviya with Ms.Gitanjali Malviya Advocates. CRL.A. 27/2002 SANTOSH KUMAR ….. Appellant Through : Mr.Ravinder … Continue reading

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