Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.302 and 307 r/w ss.149, 148 – Appealagainst acquittal – PW-2-Police Official got to know that a crowdof around 200-300 rioters was causing rampage and destructionat a temple – PW-2 accompanied by the police force and a seniorofficial proceeded towards scene of occurrence – Rioters startedfiring upon them, injuring the senior official, who later succumbedto the injuries – Respondents-accused persons arrested – Trial courtconvicted the respondents – High Court set aside the conviction –Held: In appeal against acquittal, the appellate court would interfereonly where there exists perversity of fact and law – Present case isridden with multiple investigative laches and flaws which go to theroot of the matter– Specific identification of the respondents, froma group of 200-300 rioters, with 100% perfection; without a mentionof any distinguishing marks seems highly improbable consideringthe distance of the witnesses from the place of occurrence– TestIdentification Parade (TIP) has to be conducted timely, if not, thenthe delay has to be explained – However, in the present case, notonly there was delay in conducting the TIP, but there was noexplanation for the same – This creates doubt about its genuineness– Further, although the charges were framed u/s.307,IPC, theprosecution failed to substantiate the charges by means of evidence– Trial Court erred in convicting the respondents for the aforesaidoffence, without any evidence – Prosecution failed to link the chainof circumstances to dispel the cloud of doubt about the culpabilityof the respondents – Suspicion, however grave cannot take placeof proof – Investigative lapses have fortified the presumption ofinnocence in favor of the respondents – Benefit of doubt arisingout of faulty investigation accrues in favor of the accused – Noperversity in the judgment of the High Court – Concurrent order of acquittal for offences under the Arms Act and Explosive SubstancesAct also not interfered with - Arms Act, 1959 – ss.25, 27 – ExplosiveSubstances Act, 1908 – ss.4, 15 – Criminal Law Amendment Act,1932. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 1181 |
Petitioner | State Of Uttar Pradesh |
Respondent | Wasif Haider Etc. |
SCR | [2018] 14 S.C.R. 1161 |
Judgement Date | 2018-12-10 |
Case Number | 1702-1706 |
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