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Supreme Court of India 2019-12-06 allowed

NAGARAJA vs STATE OF KARNATAKA

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

In 1996, a dacoity occurred at PW1's house where ornaments, cash and other valuables were stolen. The appellant was convicted by the High Court based on three circumstances: alleged conduct of running away (based on PW-11's evidence), recovery of articles from a ditch, and fingerprint matching. However, the Supreme Court held that the High Court erred in reversing the Trial Court's acquittal. The prosecution failed to identify the appellant without an identification parade; the evidence about running away actually concerned another accused; fingerprint evidence lacked validity as utensils were not produced in court; and recovery from a public place was inconclusive. The Court restored the acquittal and discharged the appellant's bail.

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Criminal Procedure Evidence Appellate Procedure Dacoity Circumstantial Evidence Identification of Accused Fingerprint Evidence

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