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Sheena Bora Murder Case: In absence of body, circumstantial evidence crucial, says experts

Legal experts cite umpteen number of cases in which, even if the motive is not proved, the prosecution's case can still stand and the onus of proving otherwise would be on the defence — that a murder, as alleged by the prosecution, has not taken place.

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How important is the recovery of a body to prove a murder case against an accused? Though it is easy to prove a homicide if a body is recovered, in the absence of medical evidence, the police/prosecution can prove a murder has been executed based on circumstances.

Legal experts cite umpteen number of cases in which, even if the motive is not proved, the prosecution's case can still stand and the onus of proving otherwise would be on the defence — that a murder, as alleged by the prosecution, has not taken place.

Advocate Mubin Solkar said, "The police will, in the Sheena Bora murder case, rely heavily on DNA test results. But because recovery of a body is not possible to prove a homicide, and in case of any discrepancy, circumstantial evidence collected would be crucial. The recovery panchnama recorded under section 27 of the Evidence Act, which led to the recovery of the remains at the instance of the driver, is a crucial piece of evidence. Call records and deceased last seen with are also important links to prove the chain of events."

There are several high-profile cases where the prosecution has failed to prove the motive behind the murder and yet secured a conviction, a recent one being the case of BJP leader Pramod Mahajan who was killed by his brother Pravin. The accused was sentenced to life imprisonment.

Motive of a murder can also be extracted from the witness testimony and it need not be a premeditated one, said legal eagles.

Advocate Shrikant Shivade, who defended actor Salman Khan in the 2002 hit-and-run case, said, "The police should collect evidence truthfully and not create/manufacture it because a case has become sensational.

Circumstantial evidence in any criminal case, especially a murder case, can prove to be strong."

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