VidhiSangh

Supreme Court of India · 26/02/2024

SHAILESH KUMAR versus STATE OF U.P. (NOW STATE OF UTTARAKHAND)

[2024] 2 S.C.R. 776 · 2024 INSC 143

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Summary

Where the trial court used the police case diary to contradict an investigating officer, Section 172(3) CrPC read with Sections 145 and 161 Evidence Act entitled the accused to the limited opportunity to examine the relevant entries and cross-examine the officer. The prosecution evidence, including a doubtful dying declaration and irregularities in the case diary, did not safely sustain the murder conviction.

Issues

  1. What limited access and cross-examination rights arise under Section 172(3) CrPC when the court uses case diary entries to contradict a police officer.
  2. Whether the prosecution evidence and investigation irregularities proved the appellant’s guilt beyond reasonable doubt.

Provisions considered

Held

Result

Appeal allowed; the conviction under Section 302 IPC was set aside and the appellant was acquitted. His bail bonds were discharged.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 776.