VidhiSangh

Supreme Court of India · 05/01/2021

HARI OM @ HERO versus STATE OF U.P.

[2021] 13 S.C.R. 49 · 2021 INSC 1

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Summary

The Court acquitted three appellants convicted of dacoity with murder, including one sentenced to death. Material inconsistencies made the child eyewitness’s account unsafe to rely on. Knife recovery and disputed neighbourhood evidence did not establish the first appellant’s guilt, while inadequately proved fingerprint evidence and first-time dock identification could not sustain the convictions of the other two.

Issues

  1. Whether the child eyewitness’s testimony was sufficiently reliable to sustain conviction.
  2. Whether the remaining recovery, neighbourhood and fingerprint evidence established the appellants’ guilt beyond reasonable doubt.

Held

Result

Appeals allowed; convictions and sentences set aside and all three appellants acquitted of all charges; release directed unless custody was required in another offence.

Judgment PDF: Supreme Court of India, [2021] 13 S.C.R. 49.