Supreme Court · 2008 INSC 1191 · Decided 21 October 2008
State BY Inspector of Police, T. Nadu v. Rakiappan and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1191 · [2008] 15 S.C.R. 301
- Case number
- CRIMINAL APPEAL No. 140/2003
- Decided
- 21 October 2008
- Bench
- ARIJIT PASAYAT, C.K. THAKKER, LOKESHWAR SINGH PANTA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 34
Headnote
~ -~ Penal Code, 1860- ss.302 and 307 rlw s.34- Homicidal death - PW2, an injured child witness - His statement 1 c recorded by PW6, Investigating Officer- Trial Court recorded' conviction placing reliance upon the evidence of PW2 - High Court that PW2 was not in a fit, condition to give the purported statement before PW6 - Propriety of - Held, not proper - Evidence of PW17, the D doctor, showed that PW2 was in conscious state and in a! position to give statement before PW6 - High Court did not indicate any plausible reason to discard
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