Investigation in the Ketan Agarwal murder case has intensified with investigators shifting from active interrogation to processing evidence.
Since there are no direct eyewitnesses to the alleged push at Pune’s Lohagad Fort, the authorities are trying to build a case entirely on circumstantial evidence.
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Case built on circumstantial evidence
News 18 reported that the prosecution is trying to decode recovered digital data from Siya Goyal’s mobile devices, while recently the Pune Rural Police discovered a Snapchat conversation in which Siya reportedly asked a friend for Aadhaar card details to book tickets for a wedding “that would never happen.”
Absence of any eyewitnesses have made this a case based entirely on circumstantial evidence and hence, the prosecution has to satisfy the “Panchsheel” test by establishing an unbroken chain of evidence pointing exclusively to the guilt of the accused.
As noted by News 18, key components of the chain are:
• Crime scene panchnamas and a recorded reconstruction of how the duo allegedly rehearsed pushing Ketan at a location near Lullanagar.
• Forensic examination of recovered personal items, including the clothes allegedly worn during the incident and Ketan’s burnt passport.
The Panchsheel test
The “Panchsheel” test in India dictates how a person can be convicted solely on the basis of circumstantial evidence.
The Supreme Court of India, in the 1984 verdict of Sharad Birdhichand Sarda v. State of Maharashtra, laid down 5 principles for the test (hence it was named Panchsheel).
The 5 pinciples of Panchsheel are:
1) Fully established facts.
2) Consistency with guilt
3) Conclusive Nature
4) Exclusion of other hypotheses
5) An unbroken chain
Both Siya and Chetan declined to undergo the polygraph and narco-analysis tests, which was intended to resolve their conflicting statements. To conduct these tests the explicit consent of the accused is needed, as per the Indian law.
What’s next?
The Wadgaon court in Puna remanded both Siya and Chetan to 14 days of judicial custody until July 16, after the completion of their 11-day police custody. Due to this, their legal teams have initiated bail proceedings, arguing that further incarceration is unwarranted, as per reports by News 18.
Meanwhile, another legal dispute regarding the authorisation of representing Siya has emerged, where high profile defence attorneys and a ₹10 crore defamation notice have come into the limelight.
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FAQs
1) Which test is required for the prosecution to convict the accused in the Ketan Agarwal murder case?
The prosecution needs to satisfy the “Panchsheel” test in the Ketan Agarwal murder case.
2) Why does the prosecution require to satisfy the “Panchsheel” test?
Absence of any eyewitnesses requires the prosecution to satisfy the “Panchsheel” test based on circumstantial evidence.
