In this case, the High Court found one link in chain of circumstances to be missing and not proved. In a case of circumstantial evidence, the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime. The law is well settled on the above point. Reference may be had to the following cases: (i) Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116 ; (ii) Sailendra Rajdev Pasvan vs. State of Gujarat Etc. AIR 2020 SC 180. Thus, if the High Court found one of the links to be missing and not proved in view of the settled law on the point, the conviction ought to have been interfered with. Thus, held, as per settled law on this issue, High Court ought to have set aside the conviction based on circumstantial evidence. Hence, conviction of appellant stands set aside.
[Laxman Prasad v. State of M.P., (2023) 6 SCC 399]