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Supreme Court of India 2023-07-06 partly_allowed

MOHD. NAUSHAD vs STATE (GOVT. OF NCT OF DELHI)

Bench: 3 — B.R. Gavai, Vikram Nath, Sanjay Karol

In Brief

On 21 May 1996, a bomb blast at Delhi's Lajpat Nagar market killed 13 persons and injured 38. The Supreme Court upheld convictions of Mohd. Naushad (A3), Mirza Nisar Hussain (A5), Mohd. Ali Bhatt (A6), and Javed Ahmed Khan (A9) for conspiracy, murder, and use of explosives. The Court found A9's judicial confession admissible and usable against co-accused under Evidence Act Section 10. It proved 14-15 incriminating circumstances against each accused through circumstantial evidence including recovery of RDX, pointing out of shops where bomb materials were purchased, and stolen vehicle recovery. The Court set aside wrongful acquittals of A5 and A6 by the High Court, finding the appellate court's reasoning bordering on perversity. All four were sentenced to life imprisonment without remission, deeming death penalty inappropriate despite mass casualties, given trial delays and accused's subordinate roles to principals who evaded trial.

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Criminal Law Conspiracy Terrorist Activities Bomb Blast Circumstantial Evidence Confessional Statements Evidence Act Procedure Code Discovery of Facts Pointing Out Procedures Death Penalty Life Imprisonment National Security International Conspiracy

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