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Supreme Court of India 2021-10-07 dismissed

RAJU RABIDAS @ SHERA vs STATE OF WEST BENGAL

Bench: 3 — Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi

In Brief

Raju Rabidas and four co-appellants challenged their murder convictions under IPC Sections 302/120B and the Arms Act. They had attacked and killed a fish trader in May 2011 following prior extortion and threats. The defence argued that crucial eyewitnesses' statements were recorded with unexplained delay, rendering them unreliable. The Supreme Court held that delay alone does not discredit testimony. Where witnesses were genuinely frightened by the accused's terror campaign, the delay was adequately explained. Finding the eyewitness accounts cogent, consistent and trustworthy, supported by weapon recoveries and ballistic evidence, the Court dismissed all appeals and upheld the convictions and life sentences.

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Criminal Law Evidence Witness Testimony Murder Conspiracy Arms Act

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