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Supreme Court of India 2024-07-08 allowed

P. SASIKUMAR vs THE STATE REP. BY THE

Bench: 2 — Sudhanshu Dhulia, Prasanna B. Varale

In Brief

P. Sasikumar was convicted of murder (under IPC Section 302 with Section 34) for allegedly killing a 14-year-old girl alongside another accused. The prosecution case relied on eyewitness dock identification without conducting a Test Identification Parade (TIP). The witnesses, who were strangers to the accused, had seen him only briefly while wearing a monkey cap that concealed facial features. The Supreme Court held that the failure to conduct a TIP in these circumstances was a fatal investigative flaw. Dock identification alone, unverified by prior TIP, could not establish identity beyond reasonable doubt. The Court allowed the appeal, set aside the conviction, and ordered the appellant's immediate release, holding that doubt belongs to the accused.

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Criminal Law Evidence Witness Identification Police Investigation Test Identification Parade Dock Identification Circumstantial Evidence Burden of Proof Murder

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