Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 and 392 u/s. 34 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Identification of Prisoners Act, 1920 (33 of 1920) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:ss. 302 and 392 u/s. 34 – Prosecution of three accused,including appellant (accused No. 2) – For double murder – u/ss.120-B, 302, 392 and 397-IPC – Trial court relying on thecircumstantial evidence viz. recoveries at the behest of the accusedand the report of the fingerprint expert, convicted all the accused –High Court, upheld conviction of appellant-accused No. 2 andaccused No. 1 – Accused No. 3 was acquitted granting benefit ofdoubt – Appeal by accused No. 2 – Held: In the facts andcircumstances of the case, recoveries cannot be taken asincriminating evidence – Prosecution has failed to make out thecomplete chain of circumstances to establish the guilt of theappellant-accused beyond reasonable doubt.Evidence:Circumstantial evidence – Held: In cases of circumstantialevidence, every circumstance has to be proved beyond reasonabledoubt – Chain of circumstances should be so complete and perfectthat only inference of the guilt of the accused should emanatetherefrom.Identification of Prisoners Act, 1920:ss. 3, 4, 5 and 8 – Power of Police officer u/s. 4 – Whethercan be exercised in absence of Rules framed u/s. 8 – Held: Nonframingof any rules u/s. 8 does not prohibit the exercise of powersgiven u/ss. 3 and 4. |
Judge | Hon'ble Mr. Justice Ashok Bhushan Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2018 INSC 562 |
Petitioner | Sonvir @ Somvir |
Respondent | The State Of Nct Of Delhi |
SCR | [2018] 7 S.C.R. 830 |
Judgement Date | 2017-07-02 |
Case Number | 958 |
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