VidhiSangh

Supreme Court of India · 03/02/2025

WAHID versus STATE GOVT. OF NCT OF DELHI

[2025] 2 S.C.R. 363 · 2025 INSC 145

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Summary

The Supreme Court acquitted two appellants convicted of armed robbery of passengers in a Gramin Sewa vehicle, holding that the prosecution story of the complainant spotting all four unknown accused together near a bus depot two days later, with weapons matching the FIR, was improbable and riddled with discrepancies, that the recoveries fell with it, and that belated dock identification without a test identification parade, contradicted by other eyewitnesses, could not sustain the conviction.

Issues

  1. Whether the accused, unnamed in the FIR and unknown to the witnesses, were proved to be the robbers.
  2. Whether the prosecution version of the manner of arrest and the recovery of weapons at the time of arrest was credible.
  3. Whether dock identification by three of seven eyewitnesses, made 16 months to four years after a night incident without a test identification parade, was reliable.

Provisions considered

Held

Result

Appeals allowed; the common judgment of the High Court dated 15.11.2018 set aside and the appellants acquitted of all charges; being on bail, they need not surrender and their bail bonds were discharged.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 363.