Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Evidence Act, 1872:s. 114, llustration (a) - Presumption on the basis of articles recovered in a case of dacoity with murders - Out of accused two accused-respondents acquitted by High Court - Appeal by State - HELD: Admittedly, there is no evidence of identification of the accused - Recovery on disclosure statements was not in close proximity of time from date of incident - More so, recovery is either of cash, small things or a scooter, which can change hands without any difficulty - Therefore, no presumption can be drawn against the accused u/s 114, Illustration (a) - No adverse inference can be drawn on the basis of the recoveries made on their disclosure statements to connect them with the crime - Penal Code, 1860 - ss. 395, 396 and 397.Code of Criminal Procedure, 1973:Appeal against acquittal - HELD: Only in exceptional cases, where there are compelling circumstances and the judgement under appeal is found to be perverse, the appellate court can interfere with the order of acquittal - The appellate court should bear in mind the presumption of innocence of the accused and further that the trial court's acquittal bolsters the presumption of his innocence - Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference - In the instant case, there is no reason to interfere with the well reasoned judgement and order of the High Court acquitting the respondents - Penal Code, 1860 - ss. 395. 396 and 397 - Constitution of India, 1950 - Article 136. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 417 |
Petitioner | State Of Rajasthan |
Respondent | Talevar & Anr. |
SCR | [2011] 6 S.C.R. 1050 |
Judgement Date | 2011-06-17 |
Case Number | 937 |
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