VidhiSangh

Supreme Court of India · 03/11/2020

RAJESH @ SARKARI & ANR versus STATE OF HARYANA

[2020] 14 S.C.R. 1 · 2020 INSC 628

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Summary

The Court acquitted two appellants convicted of murder with common intention. Material improvements and the hospital record cast serious doubt on the alleged eyewitnesses’ presence. Unexplained discrepancies in the ballistic reports, coupled with failure to examine their authors, undermined the weapon linkage. Refusal to participate in a test identification parade could not independently establish guilt.

Issues

  1. Whether the alleged eyewitness account and ballistic evidence proved the appellants’ involvement beyond reasonable doubt.
  2. Whether refusal to participate in a test identification parade justified an adverse inference sufficient to sustain conviction.

Held

Result

Appeal allowed; appellants acquitted with benefit of doubt. Release directed and bail bonds cancelled unless they were wanted in another case; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 14 S.C.R. 1.