Supreme Court · 2023 INSC 839 · Decided 21 September 2023
Rajesh & ANR. v. The State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2023 INSC 839 · [2023] 15 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 793/2022
- Decided
- 21 September 2023
- Bench
- BHUSHAN RAMKRISHNA GAVAI, J.B. PARDIWALA, SANJAY KUMAR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 364A, 120B, 201; CrPC; Evidence Act Section 27, 26
Headnote
HEADNOTES Issue for consideration: In a case based on circumstantial evidence as there was no eyewitness to the kidnapping and murder, and where the prosecution's case essentially turned upon the 'recoveries' made at the behest of the Evidence Act, whether their conviction on diff erent counts and death sentence imposed on two out of the three appellants was justifi ed, when the confessions were made before their arrest and prior to being 'accused of any off ence'. Evidence Act, 1872 - ss.26, 27 - Being
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