Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.302 r!w s.34 - Conviction under - Delay |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.302 r/w s.34 - Conviction under - Delay in holding Test Identification Parade - Effect of - Dead body of husband of PW-8 found lying on the road - Death was due to strangulation and head injuries - Entire prosecution case rested on the identification by prosecution witnesses and on the suspicion expressed by PW-8 which arose out of dispute in connection with business - Prosecution witnesses stated that they saw four persons in the company of the deceased on previous night of murder and recognized appellant and co-accused in the Test Identification Parade - Conviction by courts below - On appeal, held: None of the prosecution witnesses had given any identification marks or disclosed special features or attributes of any of the four persons in general and the accused in particular - No incident or crime had actually taken place in presence of these prosecution witnesses - Identification parade itself was held two months after the incident of murder - Their chance meeting was also in the night without there being any special occasion for them to notice the . features of any of the accused which would then register in their minds so as to enable them to identifY them on a future date - In the circumstances, such identification simpliciter· cannot form the basis or be taken as the fulcrum for the entire case of prosecution - The suspicion expressed by PW-8 was also not enough to record the finding of guilt against the appellant - Prosecution having failed to establish its case against the appellant, benefit of doubt granted to the appellant and he is acquitted of all charges. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2017 INSC 29 |
Petitioner | Md. Sajjad @ Raju @ Salim |
Respondent | State Of West Bengal |
SCR | [2017] 1 S.C.R. 265 |
Judgement Date | 2017-01-06 |
Case Number | 1953 |
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