Supreme Court · 1996 INSC 1432 · Decided 3 December 1996
Mohmedrafiz Husenmiya Thakor and ORS. v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1432 · [1996] SUPP. 9 S.C.R. 504
- Case number
- CRIMINAL APPEAL No. 31/1992
- Decided
- 3 December 1996
- Bench
- A.S. ANAND, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 3, 4
Headnote
Criminal Law : Indian Penal Code, 1860-Section 302/Terrorist and Disrnptive Ac- C tivities [Prevention] Act,-Section 3 and 4-f'rosecution under-With regard to 5 appellants identification by eye-witness corroborated by other wit­ nesses-ff eld, conviction justified-Hence, upheld-With regard to acquitted-With regard to other 2 appellants their names D memioned as assailants by eye-witness-2 other accused bearing the same name, acquitted by trial coult-Held, there is reasonable doubt as to identity of the accused whether the witness meant the appellant or other two ac­
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