Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- ss. 3021149 Penal Code |
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—ss. 302/149 -— Prosecution under — Of five accused — Acquittal by trial court — Conviction by High Court - On appeal, held: The two prosecution witnesses were related, contradicted each other and were not supported by any independent witness — Hence conviction based on those witnesses is not sustainable.Appeal — Appeal against acquittal - Power of appellate court — Held: While deciding such appeal the appellate court has to bear in mind that presumption of innocence is available to the accused and such presumption is reinforced by his acquittal — If two views are possible, the view favourable to the accused, should be taken — Criminal Jurisprudence. Witness — Related witness — Evidentiary value — Held: There is no bar on admissibility of testimony of related witness, but it should stand the test of being credible, reliable, trustworthy, admissible in accordance with law and corroborated by other witnesses or documentary evidence. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2015 INSC 365 |
Petitioner | Golbar Hussain And Ors. |
Respondent | State Ofassamandanr. |
SCR | [2015] 5 S.C.R. 525 |
Judgement Date | 2015-04-28 |
Case Number | 181 |
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