Supreme Court of India
Naresh @ Nehru v. State of Haryana
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered view that the prosecution had failed to prove the guilt of the appellants herein beyond reasonable doubt, and non-consideration of the lacuna in the prosecution case in proper perspective by the Trial Court and the High Court as analysed hereinabove has resulted in miscarriage in the administration of justice namely conviction of the appellants which cannot be sustained. 787.
Judgment, page 16
From the headnote
Issue for consideration: Conviction of the appellants for off ences punishable u/s.302 r/w s.149, IPC based on the statement of PW-9, as an eyewitness to the crime, if justifi ed. Evidence – Of eyewitness – When not to be relied upon: Held: Evidence of the eye-witness should be of very sterling quality and calibre and it should not only instil confi dence in the court to accept the same but it should also be a version of such nature that can be accepted at its face value – In the present case, testimony of PW-9 (cousin of the deceased) was shrouded with inconsistencies and he had not named the…
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