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Supreme Court of India 2019-03-05 allowed

Digamber Vaishnav & Anr vs State of Chhattisgarh

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This appeal challenges a death sentence imposed on two defendants for murder and robbery. The Supreme Court allowed the appeal, finding the case rested primarily on uncorroborated testimony from a nine-year-old child witness with significant inconsistencies. Critical evidence had fatal flaws: a recovered motorcycle's colour contradicted witness descriptions, recovered anklets were commonly available market items unconnected to the crime, and unexplained delays between the child's account and discovery of the victims weakened circumstantial evidence. The Court held that such infirmities rendered the case insufficient to sustain a capital conviction beyond reasonable doubt.

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Criminal Law Death Sentence Child Witness Evidence Eyewitness Testimony Circumstantial Evidence Criminal Procedure Recovery Evidence

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