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Supreme Court of India 2024-08-08 allowed

ALLARAKHA HABIB MEMON ETC vs STATE OF GUJARAT

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

This case involved three appellants convicted of murder under IPC Sections 302 and 120B for the death of Mohammad Sohail. The Supreme Court quashed the convictions and acquitted the appellants. The Court found that the star eyewitness's testimony contradicted that of an independent police constable witness regarding the eyewitness's presence at the crime scene. The FIR registration was irregular and appeared to be a post-investigation document. Confessions in medical reports were inadmissible, and the chain of custody for physical evidence was not established. The Court held that concurrent findings of lower courts may be overturned when evidence is improperly appreciated and findings are perverse. Without credible eyewitness testimony, FSL reports alone could not establish guilt beyond reasonable doubt. The appellants received the benefit of doubt and were acquitted.

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Criminal Law Evidence Eyewitness Testimony Chain of Custody FIR Registration Confessions Identification Procedures Criminal Procedure

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