Supreme Court · 2009 INSC 619 · Decided 27 April 2009
State of Rajasthan v. Yusuf
- Court
- Supreme Court of India
- Citation
- 2009 INSC 619 · [2009] 6 S.C.R. 1138
- Case number
- CRIMINAL APPEAL No. 698/2003
- Decided
- 27 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
•• Penal Code, 1860: s. 302 - Conviction by trial court c relying on dying declaration - High Court found that dying declaration was not reliable and directed acquittal - Appeal against acquittal - Held: No case made out for interference - The finding of High Court that dying declaration to falsely implicate the accused D was borne out by various statement in the dying declaration which were proved beyond doubt to be false - Order of High Court cannot be faulted - Moreover, in case of acquittal, there is doub(e presumption in favour of accused - If two reasonable conclusions were
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