Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-04-21 allowed

Kanakarajan @ Kanakan vs State of Kerala

Bench: 2 — N.V. Ramana

In Brief

Kanakarajan was convicted by the trial court and the High Court upheld his conviction for murder under sections 302, 347-149 IPC in connection with a temple incident in March 2000. The Supreme Court allowed his appeal, finding that the prosecution case was plagued with critical defects: the main eyewitness (PW2) was disbelieved by the High Court itself but his evidence was still used to convict; other eyewitnesses turned hostile; credible independent witnesses were not examined despite their availability; police personnel allegedly present at the scene were not examined; and the death of the alleged prime accused remained uninvestigated under suspicious circumstances. The Court held that the cumulative infirmities in the prosecution case necessitated acquittal and benefit of reasonable doubt to the appellant.

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Criminal Procedure Criminal Law Evidence Burden of Proof Witness Credibility

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