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Supreme Court of India 2022-04-22 partly_allowed

Jafarudheen & Ors vs State of Kerala

Bench: 2 — M.M. Sundresh

In Brief

A politically-motivated murder occurred in Kerala in 2002. Sixteen members of one political party allegedly attacked and killed a member of the opposing party at night. The trial court convicted five accused and acquitted eleven. The High Court upheld the convictions but reversed the acquittals of four of the eleven. The Supreme Court held that the High Court erred in reversing acquittals where the trial court's view was reasonably possible. Where eyewitness identification is weak, recoveries lack proper authentication, and statements are recorded with unexplained delays, acquittals must stand. The Court affirmed convictions of five accused but restored the acquittals of the other four based on insufficient and doubtful evidence.

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Criminal Procedure Evidence Acquittal Appellate Review Eye-witness Testimony Recovery Evidence Conspiracy Murder Riot

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