Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Test identification parade |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Testimony of child witness-Reliability-Prosecution case that child eye- witness to murder-Trial Court rejecting the version of the child due to certainomissions--,-High Court relying on the testimony convicted the accused-Onappeal held, since testimony of child witness suffers from infirmities, evidenceof child witness is unreliable to convict theĀ· accused-Penal Code, I 860 Section102.Test identification parade-Necessity of-DiscussedCode of Criminal Procedure, 1973:Sections 164 and 313-Extra:judicial confession-Reliability of-Held,when judicial confession is not given voluntarily and more so when it isretracted it is unreliable.Section 368-Appeal against acquittal-High Court re-appreciating theevidence and setting aside the acquittal-Justification of-Held: On facts,appreciation of evidence by trial Court proper and conclusions drawnreasonable-Thus, High Court not justified in setting aside the acquittal order.M. P. (Dacoity Vihavaran Kshetra) Act, I 98 I-Section I I I I 3-Applicability of-Held: Incident occurred in village which. comes under dacoityaffected area, thus provisions of Act applicable. |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2003 INSC 28 |
Petitioner | Bhagwan Singh And Ors |
Respondent | State Of M.p. |
SCR | [2003] 1 S.C.R. 506 |
Judgement Date | 2003-01-23 |
Case Number | 789 |
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