Selective Conviction Under Section 201 IPC and the Limits of Circumstantial Evidence in Murder Trials
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Case: PRABHAKAR KUTTY SHETTY v. THE STATE OF MAHARASHTRA
Court: Bombay High Court
Date: 09-07-2026
Law: Indian Penal Code, Indian Evidence Act, Code of Criminal Procedure.
Highlights of the Judgment:
- A comprehensive evaluation of the "five golden principles" governing convictions based solely on circumstantial evidence.
- Analysis of the "last seen together" doctrine and the necessity of a proximal time-gap to shift the burden of proof.
- Examination of Section 27 of the Indian Evidence Act regarding recoveries from public places and the requirement of exclusive knowledge.
- The evidentiary status of Call Detail Records and tower locations as corroborative rather than substantive proof of presence.
- Procedural validity of Test Identification Parades under the Criminal Manual and the legal impact of unexplained delays.
- Interpretation of Section 201 of the IPC regarding selective conviction for destroying evidence despite acquittal for the primary offence.
- Judicial discretion in drawing adverse inferences under Section 313 of the Code of Criminal Procedure following a "bare denial".