VidhiSangh

Supreme Court of India · 07/08/2023

KAMAL versus STATE (NCT OF DELHI)

[2023] 11 S.C.R. 49 · 2023 INSC 678

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Summary

The Court acquitted the two appellants in a circumstantial murder case because the last-seen identification and call-record evidence were unreliable. Prior police exposure undermined the identification relied on by the courts, and possession of a material SIM registered to someone else was not established. Suspicion could not substitute for a complete chain proving guilt beyond reasonable doubt.

Issues

  1. Whether the last-seen witnesses reliably identified the appellants.
  2. Whether the call-detail evidence established the claimed incriminating link.
  3. Whether the circumstantial chain met the standard of proof.

Provisions considered

Held

Result

Appeals allowed; judgments of conviction and sentence set aside as against the appellants, who were acquitted of all charges. Release directed unless required in another case; bail bonds discharged.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 49.