VidhiSangh

Supreme Court of India · 11/05/2018

KUMAR versus STATE REPRESENTED BY INSPECTOR OF POLICE

[2018] 5 S.C.R. 343 · 2018 INSC 497

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Summary

The Supreme Court acquitted an accused of murder and hurt charges after finding material contradictions, suppression of the incident’s genesis, unexplained injuries on the accused and doubts about the FIR. The injured witness’s recalled evidence, corroborated elsewhere and not treated as hostile by the prosecution, could not be rejected merely on suspicion that he had been won over. These exceptional defects justified interference with concurrent convictions. Immediate release was directed unless the accused was required in another case.

Issues

  1. Whether the prosecution proved the true occurrence despite conflicting accounts, delayed FIR and unexplained injuries on the accused.
  2. Whether the evidence warranted interference with concurrent convictions for murder and hurt.

Provisions considered

Held

Result

Appeal allowed. Convictions and sentences set aside; appellant acquitted of all charges and directed to be released forthwith unless required in another case.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 343.