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Issues: (i) Whether the conviction could be sustained on circumstantial evidence and the last seen theory. (ii) Whether complete non-consideration of the accused's defence under Section 313 of the Code of Criminal Procedure, 1973 vitiated the conviction.
Issue (i): Whether the conviction could be sustained on circumstantial evidence and the last seen theory.
Analysis: In a case resting on circumstantial evidence, the prosecution must establish a complete and continuous chain of circumstances leading only to the guilt of the accused and excluding every reasonable hypothesis of innocence. Mere reliance on the last seen theory is insufficient unless a prima facie case is otherwise established. The medical evidence, the contradictions in the testimony of the witnesses, the doubtful recovery, and the unexplained inconsistencies in the timeline left serious gaps in the prosecution case.
Conclusion: The conviction on circumstantial evidence was not sustainable, and the benefit of doubt had to go to the appellant.
Issue (ii): Whether complete non-consideration of the accused's defence under Section 313 of the Code of Criminal Procedure, 1973 vitiated the conviction.
Analysis: The accused's statement under Section 313 of the Code of Criminal Procedure, 1973 is a valuable right and the court must consider the defence raised and record reasons for accepting or rejecting it. Here, the defence was not considered at all by either court below. That omission caused prejudice, especially because the defence was not inherently absurd and was relevant to the overall evidence.
Conclusion: The conviction stood vitiated because the defence under Section 313 of the Code of Criminal Procedure, 1973 was ignored.
Final Conclusion: The appellant was entitled to acquittal and release from custody because the prosecution failed to establish an unbroken chain of circumstances and the defence was not duly considered.
Ratio Decidendi: In a prosecution based on circumstantial evidence, guilt can be upheld only when the circumstances form a complete chain inconsistent with innocence, and the accused's defence under Section 313 of the Code of Criminal Procedure, 1973 must be considered and dealt with by the court before conviction is affirmed.
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