VidhiSangh

Supreme Court of India · 06/08/2019

JAGDISH AND ANOTHER versus THE STATE OF HARYANA

[2019] 11 S.C.R. 22 · 2019 INSC 864

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Summary

The appellants were acquitted because their convictions rested on a doubtful solitary eyewitness account in a night-time mob assault. A conviction can rest on one witness if the evidence is reliable, cogent and convincing, but requires heightened scrutiny. Here, material departures from the FIR, medical evidence indicating participation beyond the two appellants, errors concerning another witness’s presence and the acquittal of similarly situated accused made reliance unsafe.

Issues

  1. Whether the doubtful sole eyewitness account safely supported the appellants’ convictions for the fatal assault.

Held

Result

Appeal allowed; High Court order set aside and appellants acquitted. Immediate release directed unless required in another case; bail bonds, if applicable, discharged.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 22.