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Supreme Court of India 2019-01-14 dismissed

Ashish Jain vs Makrand Singh and Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

Three electricians were accused of murdering a money lender, his wife, and daughter, and robbing cash and ornaments worth approximately Rs. 30,000 and Rs. 8,00,000 respectively. The Trial Court convicted them; the High Court acquitted them by majority. The Supreme Court upheld the acquittal, finding that the last-seen witness testimony was unreliable (not mentioned in the FIR despite immediate knowledge), the confessions were involuntary and therefore inadmissible under Article 20(3), the ornament identification was procedurally flawed, and the fingerprint evidence lacked sufficient safeguards. Given grave infirmities in the prosecution case, the acquittal was well-founded.",

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Criminal Procedure Evidence Constitutional Law Right Against Self-Incrimination Confession Recovery Circumstantial Evidence Last-Seen Witness Fingerprint Evidence Double Presumption

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