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Supreme Court of India 2020-06-18 dismissed

Mustak @ Kanio Ahmed Shaikh vs State of Gujarat

Bench: 2 — R. Banumathi, Indira Banerjee

In Brief

A motorcycle rider and pillion rider attempted to murder Dr. Jaydeep Patel in Ahmedabad in December 2002, shooting him as his car slowed near a cinema. The victim and the driver both clearly identified the appellant as the motorcycle driver and the co-accused as the shooter. The High Court upheld the conviction and sentence of seven years rigorous imprisonment under Section 307 IPC and arms offences. The Supreme Court affirmed the conviction, holding that eyewitness identification (by victim and driver), corroborated by the judicial magistrate and pancha witness, combined with recovery of the weapon by confession and ballistic evidence, proved guilt beyond doubt. Minor procedural irregularities and time gaps in recollection do not vitiate such identification when eyewitnesses remain unshaken under cross-examination.

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Criminal Law Attempted Murder Arms Act Evidence - Eyewitness Identification Identification Parade Chain of Custody Criminal Procedure Ballistic Evidence

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