Supreme Court · 2004 INSC 121 · Decided 19 February 2004
Prithvi (Minor) v. Mam Raj and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 121 · [2004] 2 S.C.R. 530
- Case number
- CRIMINAL APPEAL No. 1844/1996
- Decided
- 19 February 2004
- Bench
- K.G. BALAKRISHNAN, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Constitution Article 136
Headnote
Constitution of India-Article 136-Appeal against acquittal-Scope for interference-Held, acquittal can be interfered with when the judgment of the C High Court is perverse. D Criminal Trial-Statement of witness-Delay in recording-Effect of­ Witness seriously injured in the occurrence-Not in a 302. Evidence-Appreciation of-Seriously injured child witness­ Mathematical precision cannot be expected in his evidence-Indian Penal Code-section 302. Investigation-Defects in-Effect of-Held, cannot by itself be a ground E for acquittal of accused if the evidence is
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