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Supreme Court of India 2017-01-16 allowed

Gurupadswami vs State of Karnataka

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court allowed a criminal appeal against the High Court's conviction under Sections 326 and 302 of the Indian Penal Code. The conviction rested solely on the testimony of a single witness who was stated to be insane and whose cross-examination could not be completed due to her death. The Court held that such uncross-examined evidence of a mentally unstable witness could not be considered credible, and in the circumstances, the appellant was entitled to the benefit of doubt. The prosecution having failed to prove its case beyond reasonable doubt, the conviction was set aside and the appellant directed to be released forthwith.

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Criminal Law Criminal Procedure Evidence Witness Credibility Burden of Proof Benefit of Doubt

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