Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Codes 1973: Section 161 Code of Criminal Procedures 1860: Sections 302 & 307 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Explosive Substances Act, 1908 (6 of 1908) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Codes, 1860/Code of Criminal Procedures, 1973 - Sections 302 and 307/161 Criminal Trial - Appreciation of evidence - Contradictions and improvement in the evidence during the trial from the one stated by the witnesses to the police under Section 161 Cr.PC - Murder of two persons by hurling bombs - Appellant's name appeared neither in the FIR nor in the statements recorded by the police - However, appellant's name was included during the course of trial - Material contradictions and improvements in the statement recorded by the witnesses during the recording of evidence in court - Absence of proper test identification parade - Delayed examination of witnesses - Held, prosecution failed to prove the charge of the appellant beyond reasonable doubt and entitled to be acquitted - Explosive Substances Act, 1908, Sections 3 and 5. Practice and Procedure - Re-appreciation of evidence - When permissible. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 181 |
Petitioner | Ahmed Bin Salem |
Respondent | State Of Andhra Pradesh |
SCR | [1999] 2 S.C.R. 610 |
Judgement Date | 1999-04-13 |
Case Number | 587 |
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