VidhiSangh

Supreme Court of India · 08/07/2024

P. SASIKUMAR versus THE STATE REP. BY THE INSPECTOR OF POLICE

[2024] 7 S.C.R. 87 · 2024 INSC 474

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Summary

A murder conviction was overturned because the appellant’s identification remained doubtful. Previously unacquainted witnesses had seen a person wearing a face-covering monkey cap; police later showed the accused in hospital, and no identification parade was conducted despite an unexplained opportunity to do so. In these particular circumstances dock identification lacked necessary corroboration. Acquittal was confined to the appellant and did not affect the other accused.

Issues

  1. Whether courtroom identification reliably established the masked stranger’s identity without a prior identification parade.
  2. What value attached to identification made while police presented the accused in hospital.
  3. Whether the evidence proved this appellant’s involvement beyond reasonable doubt.

Provisions considered

Held

Result

Appeal allowed; appellant acquitted and release directed unless required in another case. No effect on the case of accused No.1.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 87.