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Supreme Court of India 2018-12-10 allowed

Shanthamalleshappa vs State of Karnataka

Bench: 2 — R. Subhash Reddy

In Brief

Accused were convicted under Section 436 IPC (mischief by fire) for allegedly setting fire to a thatched shed during a property dispute with family members. The High Court enhanced the sentence on the appellant to six months imprisonment and Rs. 50,000 fine. The Supreme Court allowed the criminal appeal and acquitted the appellant, holding that material contradictions in prosecution witnesses' oral testimony (concerning sounds heard, identification without adequate light, presence/absence of witnesses, and discrepancies with the official mahazar), the absence of independent corroboration, and documentary evidence filed but not considered by the High Court collectively demonstrated failure to prove guilt beyond reasonable doubt, constituting a miscarriage of justice.

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Criminal Procedure Arson Evidence and Proof Credibility of Witnesses Miscarriage of Justice

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