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Failure To Recover Dead Body By Itself Doesn't Entitle Accused To Benefit Of Doubt

In CRIMINAL APPEAL NO(s).1070 OF 2017, SANJAY RAJAK vs THE STATE OF BIHAR, thr Supreme Court was dealing with the submission made on behalf of the convict-appellant, that non recovery of the dead body makes the prosecution case doubtful. The accused in this case was convicted under Section 364A of the Indian Penal Code for Kidnap and killing a child aged 5-6 years.

Rejecting the contention of the convict, the Supreme Court held that it is not an invariable rule of criminal jurisprudence that the failure of the police to recover the corpus delecti will render the prosecution case doubtful entitling the accused to acquittal on benefit of doubt. It is only one of the relevant factors to be considered along with all other attendant facts and circumstances to arrive at a finding based on reasonability and probability based on normal human prudence and behavior. In the facts and circumstances of the present case, the failure of the police to recover the dead body is not much of consequence in the absence of any explanation by the appellant both with regard to the victim last being seen with him coupled with the recovery from his house of the belongings of the deceased.

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