December 25, 2024 1:12 pm

“Conviction Quashed After 18 Years: Supreme Court Acquits Man Due to Flawed Identification and Doubtful Evidence” Explosive Substances Act, 1908 – Sections 3(a) and 4(a)(i) – Arms Act, 1958 – Section 27(1) – Penal Code, 1860 (IPC) – Sections 302, 307,143, 147, 148, 324, 326, 427 and 449 read with Section 149 – The case involves who appealed against his conviction under various sections of the IPC and other acts – The incident occurred on March 6, 2006, involving an unlawful assembly, murder, and grievous injuries with deadly weapons – The appeal challenges the High Court’s partial allowance of Appellant’s appeal, which set aside some convictions while confirming others, and modified the sentences – The petitioner argued that identification in court without a Test Identification Parade, after four and a half years, is unreliable. They also contested the motive attributed to the appellant and the credibility of the recovered iron rod with alleged blood stains – The respondent emphasized the credibility of the injured eyewitness (PW-2) and the concurrent findings of the trial court and High Court, which found the appellant guilty beyond reasonable doubt – The Supreme Court allowed the appeal, quashed the previous judgments, and acquitted the appellant of all charges, directing his immediate release if not required in another case – The Court found the identification of the appellant in court, without prior identification parades, to be insufficient for maintaining the conviction, especially given the time elapsed since the incident – The Court questioned the preservation of blood stains on the recovered iron rod over two years and two monsoons, casting doubt on the prosecution’s evidence – The Supreme Court concluded that the prosecution failed to prove the case beyond reasonable doubt, resulting in the appellant’s acquittal.

Bysclaw

May 5, 2024

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