Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prior TIP Description of accused either in FIR/ statement of witness Benefit of doubt Case not proved beyond reasonable doubt Star eyewitnesses Doubt as regards the identity of the accused Identification of accused in court Test identification parade Absence of test identification parade Robbery Identity of accused not known Order of acquittal reversed |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence – Test Identification Parade (TIP) – Absence of – When fatal – As per the prosecution, the appellant and the co-accused (now deceased) broke into the house of PW-1 and PW-3 to commit robbery when they were not at home and killed their old mother – However, this was witnessed by PW-1 when she returned home at around 12:30 in the afternoon but, she could not enter the room as it was locked from inside – On raising alarm, PW-2, a neighbour came and they both peeped through the window of the bedroom and saw the incident – TIP not conducted, PW-1 and PW-2 identified accused in Court – Trial Court acquitted the accused persons – Acquittal reversed by High Court |
Judge | Hon'ble Mr. Justice Sudhanshu Dhulia |
Neutral Citation | 2024 INSC 482 |
Petitioner | Vishwanatha |
Respondent | The State Of Karnataka By The Secretary, Home Department |
SCR | [2024] 7 S.C.R. 50 |
Judgement Date | 2024-07-08 |
Case Number | 129 |
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