Supreme Court · 2003 INSC 15 · Decided 15 January 2003
Zafar v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 15 · [2003] 1 S.C.R. 363
- Case number
- CRIMINAL APPEAL No. 498/2000
- Decided
- 15 January 2003
- Bench
- S. RAJENDRA BABU, P. VENKATARAMA REDDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 3; Constitution Article 136
Headnote
B Evidence Act, 1872-Section 3-Testimony of child witness-Re/iability­ Both trial court and High Court placing reliance on testimony of child witness convicting accused/or murder-Appeal-Held: Jn view of the doubtfalfeatures C and other infirmities in the prosecution evidence, reliance cannot aside-Pena/ Code, J 860--Section 302. Constitution of India, 1950-Artic/e J 36--Special Leave Jurisdicmrfi­ Evidence--Fatal irifirmities in the prosecution case-Not adverted to by the D High Court-Hence fit case for interfering and re-appreciating evidence. According to the prosecution, due
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