Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: ss. 392 and 397 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 392 and 397 – Robbery using deadly weapons – Prosecution case that appellant and co-accused armed with pistols robbed the complainant and his nephew – Conviction u/ss. 392 and 397 and sentenced accordingly, on basis of the disclosure statement and recovery made thereof – High Court upheld the conviction, however, reduced the sentence u/s. 397 – On appeal, held: Court can convict an accused exclusively on the basis of his disclosure statement and the resultant recovery of inculpatory material – However, in order to sustain the guilt of such accused, the recovery should be flawless and not be shrouded with elements of doubt – Where the prosecution fails to inspire confidence in the manner and/or contents of the recovery with regard to its nexus to the alleged offence, the court ought to give the benefit of doubt to the accused – On facts, prosecution miserably failed to bring home the guilt of the appellant – Courts below were influenced by irrelevant considerations, such as rise in the incidents of dacoity – Courts below shifted the burden on the appellant to explain how he was in possession of the incriminating articles, without primarily scrutinizing the credibility and admissibility of the recovery as well as its linkage to the misconduct – Inference was drawn against the appellant, in spite of the prosecution’s failure to dispense with its burden of proof to depict culpability of the appellant – Evidence on record did not establish the guilt of the appellant beyond reasonable doubt – Thus, the orders passed by the courts below set aside. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2021 INSC 706 |
Petitioner | Bijender @ Mandar |
Respondent | State Of Haryana |
SCR | [2021] 7 S.C.R. 1138 |
Judgement Date | 2021-11-08 |
Case Number | 2438 |
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