VidhiSangh

Supreme Court of India · 20/02/2024

KALINGA @ KUSHAL versus STATE OF KARNATAKA BY POLICE INSPECTOR HUBLI

[2024] 2 S.C.R. 391 · 2024 INSC 124

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The appellant’s conviction for a child’s murder rested on a disputed extra-judicial confession, a questionable recovery of a body from a well and inconsistent circumstantial evidence. The High Court reversed the trial court’s acquittal without identifying perversity or illegality; the Supreme Court restored the acquittal.

Issues

  1. Whether the alleged extra-judicial confession and recovery of the child’s body were reliable and sufficient links in the circumstantial case against the appellant.
  2. Whether the High Court could reverse the trial court’s acquittal on a different appreciation of evidence without finding the trial court’s view perverse or legally impermissible.

Provisions considered

Held

Result

Appeal disposed of by setting aside the High Court’s conviction and restoring the trial court’s order acquitting the appellant of all charges. He was directed to be released if in custody.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 391.