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Supreme Court of India 2019-03-05 allowed

ANKUSH MARUTI SHINDE vs STATE OF MAHARASHTRA

Bench: 3 — A.K. Sikri, S. Abdul Nazeer, M.R. Shah

In Brief

The Supreme Court acquitted six accused persons who had been convicted of rape, murder, and robbery by lower courts and sentenced to death on the basis of identification evidence by two injured eyewitnesses. The Court found that the eyewitnesses were in poor condition to observe (unconscious during the incident, inadequate light), and their testimony was riddled with material contradictions and omissions. Critically, the prosecution had suppressed the fact that one eyewitness had identified four entirely different persons from a photograph album within days of the incident—evidence never pursued by police. Absent any corroborating forensic, DNA, or recovery evidence, the Court held the identification alone insufficient to prove guilt beyond reasonable doubt. The Court directed further investigation into the originally identified suspects and awarded Rs. 5 lakhs compensation to each wrongfully prosecuted accused.",

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Criminal Law Evidence Law Identification Evidence Eyewitness Testimony Forensic Evidence Sexual Assault Murder Robbery Criminal Procedure Fair Investigation Fair Trial Fundamental Rights Witness Credibility Prosecutorial Duty Investigative Lapses Suppression of Evidence Compensation Departmental Action

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