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Supreme Court of India 2025-11-17 allowed

Raj Kumar @ Bheema vs State of NCT of Delhi

Bench: 2 — Vikram Nath, Sandeep Mehta

In Brief

On the night of 2–3 November 2008, intruders broke into a Delhi home, killing Madan Mohan Gulati and injuring his wife Indra Prabha. The injured wife identified the appellant as one assailant in court via video link 8.5 years later. A TIP was held but the witness likely did not participate, and recoveries included a blood-stained pant with no forensic match. The Supreme Court held the dock-identification unsafe due to the witness's age, weak eyesight, long delay, and video format. The TIP was fatally flawed because the identifying witness may not have attended and the accused's face was never properly muffled. Blood-stained recoveries lacked forensic linkage. The Court acquitted the appellant, setting aside the murder conviction.

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Criminal Procedure Evidence Law Witness Identification Test Identification Parade (TIP) Murder Video Conferencing in Court Cross-Examination Forensic Evidence Recovery Evidence Standard of Proof

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