In Brief

In this case, three accused (Hari Om, Sanjay @ Sonu, and Saurabh @ Sanju) were convicted of dacoity with murder (Section 396 IPC) based primarily on the testimony of a five-year-old eyewitness and fingerprint evidence. The Supreme Court found the child witness's evidence unreliable due to significant inconsistencies between his court statement and his recorded investigation statement, and because material witnesses he claimed to have informed did not corroborate his version. Fingerprint evidence, which is merely corroborative rather than substantive, could not sustain conviction without proper proof of the procedure used to lift and preserve the prints. The Court also noted that three other co-accused charged with the same dacoity were acquitted without the State challenging that acquittal. Consequently, the Court set aside the convictions and acquitted all three appellants, holding they were entitled to the benefit of doubt.

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