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Supreme Court of India 2023-09-13 allowed

Javed Shaukat Ali Qureshi vs State of Gujarat

Bench: 2 — Abhay S. Oka, Sanjay Karol

In Brief

On 7 November 2003, a mob of 1,000–1,500 people attacked shoppers and vehicles in Ahmedabad's Shah Alam area. A woman (PW-2) had her necklace snatched, and a young man died in the violence. Thirteen accused were prosecuted; six were convicted. The appellant (accused no. 6) was identified only by PW-2, who identified him for the first time in court two years later without a test identification parade, among a mob of 50–100 people. The Supreme Court held that PW-2's sole testimony was unreliable and lacked necessary corroboration. The Court also applied the principle of parity: since accused 1, 5, and 13 were acquitted on the ground that two key witnesses were wholly unreliable, the same relief must extend to accused 2, 3, and 4, who were convicted on identical evidence. The Court acquitted the appellant and extended relief to all similarly situated accused.

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Criminal Procedure Evidence Identification Parade Single Witness Mob Violence Principle of Parity Constitutional Rights

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