VidhiSangh

Supreme Court of India · 03/02/2022

SURYAVIR versus STATE OF HARYANA

[2022] 2 S.C.R. 1 · 2022 INSC 139

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Summary

The eyewitnesses did not previously know the assailants, relied on undisclosed rumours for names, and identified them in court without a test identification parade. In these circumstances, identity was not reliably proved; recovery evidence alone could not fill the gap. The Court acquitted Suryavir and, finding the co-accused identically placed, recalled his earlier unreasoned SLP dismissal, granted leave and acquitted him too. Both were to be released unless required in another case.

Issues

  1. Whether identification based on undisclosed rumours and first-time courtroom identification reliably proved the assailants’ identity.
  2. Whether identical relief should extend to a co-accused whose SLP had earlier been dismissed without reasons.

Held

Result

Both convicted accused acquitted of all charges and ordered released unless required in another case. Co-accused’s earlier unreasoned SLP dismissal recalled, leave granted and his appeal allowed.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 1.