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Supreme Court of India 2016-12-01 dismissed

Khokan Giri @ Madhab vs State of West Bengal

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant was convicted along with three others for murdering an elderly couple, Girish and Bina Navalkha, in Kolkata in 1991. The prosecution's case rested heavily on the testimony of approver Raju Rao, an accomplice who became a witness. The appellant argued the conviction was unsafe without independent corroboration of Raju Rao's statement in material particulars. The Supreme Court held that while an accomplice can be a competent witness, as a matter of practice, conviction should not rest on accomplice testimony alone—corroboration in material particulars from independent sources connecting the accused to the crime is essential. The Court found such corroboration existed: recovery of stolen ornaments, fingerprint evidence on a water bottle, seizures of chappals and other items from the accused, forensic reports, and testimony of independent witnesses placing the accused at the scene. The conviction was upheld and the appeal dismissed."

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Criminal Law Evidence Accomplice Evidence Corroboration Murder Conspiracy Witness Credibility

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