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Supreme Court of India 2016-04-27 allowed

Kailash Chand vs State of Rajasthan

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Four police officials were convicted by the trial court and the High Court for the custodial death and murder of Radhey Shyam Darji. The Supreme Court allowed their appeals and acquitted them. The crucial issue was the identity of the victim. While prosecution documents referred to 'Radhey Shyam Chamar', the victim's name in the FIR was 'Radhey Shyam Darji'—a discrepancy the courts below failed to resolve. The Court held that the prosecution cannot shift its burden to the defence through Section 106 of the Indian Evidence Act. Since the prosecution failed to prove the identity of the victim beyond doubt, the conviction could not stand. The appellants were released immediately and entitled to service benefits as government servants.

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Criminal Procedure Evidence Law Burden of Proof Custodial Deaths Murder Destruction of Evidence Identity of Victim

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