Supreme Court · 1997 INSC 262 · Decided 12 March 1997
Rajesh Kumar ETC. v. Dharamvir and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 262 · [1997] 2 S.C.R. 1012
- Case number
- CRIMINAL APPEAL No. 5/1990
- Decided
- 12 March 1997
- Bench
- M.K. MUKHERJEE, B.N. KIRPAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 425, 105, 96, 100; CrPC; Evidence Act
Headnote
KUMAR ETC. v. DHARAMVTR AND ORS. MARCH 12, 1997 [M.K. MUKHERJEE AND BN. KIRPAL, JJ.) Criminal Procedure Code, 1913--Secfion 378-Appcal against acquit­ tal-Scope-Pmvers of High Cowt to intc1fen~-Substa11tial e1rors of law and fact-lntC1ference justified. Indian Penal Code. 1860--Section of proof­ D Held, a plea of alibi must be proved with absolute cenainty so as tu com­ pletely exclude presence of the pet:ffJ/l concernrd. Respondent D along with his three brothers Sh, SB and Sr, and son Y were rnnvicted for offences u/Ss 148, 302/149, 307/149 IJ'C of rioting,
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