NDLI: Ashish Jain Vs. Makrand Singh and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss. 302/34 394/34 and 449 Presumption of innocence last seen witnesses
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860: ss. 302/34, 394/34 and 449 – ss. 11/13 of Madhya Pradesh Dakaiti and Vyapharan Prabhavit Kshetra Adhiniyam, 1981 and ss. 25(1)(b)(a) r/w s. 27 of Arms Act, 1959 – Prosecution under – Of three accused – Prosecution case based on circumstantial evidence – Two last seen witnesses – Recovery of incriminating articles on the basis of confessional statements of the accused – Conviction by trial court imposing death setence – High Court acquitted the accused – On appeal, held: Unless any blatant illegality or substantial error in the order of acquittal is proved, and as long as the conclusion of acquittal is a possible view, Supreme Court is not bound to interfere with the same – Acquittal granted by High Court is well-reasoned – Appellants have failed to prove any substantial error in the order of High Court – The accused are entitled to be acquitted as a reasonable suspicion or doubt persists regarding the guilt of the accused – Acquittal order confirmed..Criminal Law:Presumption of innocence – Held: Where appellate court acquits the accused, there is a double presumption in favour of accused – Initial presumption of innocence is reinforced by the acquittal.Appeal:Appeal against acquittal order – Interference with – Held: In such cases, if the view of the High Court is reasonable and based on the material on record, Supreme Court should not interfere – Interference in such cases is permissible only when the order of High Court is palpably erroneous, constituting miscarriage of justice and also when there is misconcept ion of law or erroneous interpretation of evidence or when the High Court has completely misdirected itself in reversing the order of trial court.Evidence:Confession – Evidentiary value – Held: There is an embargo on accepting self-incriminatory evidence – But, if it leads to recovery of material objects in relation to the crime, it is most often taken to hold evidentiary value as per circumstances of each case – If such statement is made under undue pressure and compulsion, the evidentiary value of such evidence leading to the recovery is nullified as it is hit by Art. 20(3) of the Constitution – Constitution of India – Art. 20(3) – Evidence Act, 1872 – s. 27.Identification of Prisoners Act, 1920:ss.4 and 5 – Fingerprint samples - Obtained without magisterial order – Whether illegal – Held: If suspicious circumstances arise, in order to ward off such suspicion, it is in the interest of justice to get orders from the Magistrate – But that does not mean that u/s. 4, police officers are not entitled to take fingerprints until order is taken from Magistrate.
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2019 INSC 47
Petitioner	Ashish Jain
Respondent	Makrand Singh And Ors.
SCR	[2019] 1 S.C.R. 345
Judgement Date	2019-01-14
Case Number	1980

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Ashish Jain Vs. Makrand Singh and Ors.

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Ashish Jain Vs. Makrand Singh and Ors.

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