Supreme Court · 2011 INSC 417 · Decided 17 June 2011

State of Rajasthan v. Talevar & ANR.

Court
Supreme Court of India
Citation
2011 INSC 417 · [2011] 6 S.C.R. 1050
Case number
CRIMINAL APPEAL No. 937/2005
Decided
17 June 2011
Bench
B.S. CHAUHAN, SWATANTER KUMAR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 395, 396, 397; CrPC; Evidence Act; Constitution Article 136

Headnote

Evidence Act, 1872: c s. 114, /llustration (a) - Presumption on the basis of articles recovered in a case of dacoity with murders - Out of 8 accused two accused-respondents acquitted by High Court - Appeal by State - HELD: Admittedly, there is no evidence of identification of the accused - in close proximity of time from date of incident - More so, recovery is either of cash, small things or a scooter, which can change hands without any difficulty - Therefore, no presumption can be drawn against the accused uls 114, Illustration (a) - No adverse inference can be drawn E on the

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