Supreme Court of India
Jai Prakash v. State of Uttar Pradesh and Others
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What the Court ordered
In the result, the impugned judgment dated 16.11.2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos.2403 and 5829 of 2005 is affirmed and the criminal appeals arising out of SLP(Crl.) Nos.269-70 of 2019 filed by the appellant-Jai Prakash and criminal appeals arising out of SLP(Crl.) Nos.288-89 of 2019 filed by the State of Uttar Pradesh stand dismissed.
Judgment, page 16
From the headnote
Penal Code, 1860 : ss. 302 and 120B – Prosecution under – Conviction of three of the four accused by trial court, relying on two eye-witnesses – In appeal, High Court acquitted all the accused – Appeal to Supreme Court – Held : There are material inconsistencies in the version of eye-witnesses – There is also discrepancy between the medical evidence and oral evidence – There are material lapses in the investigation – Such discrepancies raise serious doubt about the prosecution case – Accused were rightly acquitted by High Court.
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