Supreme Court · 2014 INSC 107 · Decided 18 February 2014

Vijay Kumar v. State of Rajasthan

Court
Supreme Court of India
Citation
2014 INSC 107 · [2014] 1 S.C.R. 1078
Case number
CRIMINAL APPEAL No. 441/2009
Decided
18 February 2014
Bench
T.S. THAKUR, C. NAGAPPAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 1208, 302, 460, 382, 411

Headnote

PENAL CODE, 1860: c ss. 302 rlw 120-B, 460 and 382 - Circumstantial evidence - Conviction by courts below - Held: Witness has made material improvements while deposing in court and such evidence cannot be safe to rely upon -- Evidence adduced by prosecution to prove second and third circumstances liable for rejection - The recoveries made indicate that the articles recovered were not in exclusive possession of the appellants - Further, none of the precaution that ought to have been taken to ensure fair identification of the articles recovered was ever taken and no E weight can be attached

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