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Supreme Court of India 2018-07-02 allowed

Sonvir @ Somvir vs State of NCT of Delhi

Bench: 2 — Ashok Bhushan, Indu Malhotra

In Brief

Sonvir was convicted along with two others of murder (Section 302) and dacoity (Section 392) read with Section 34 IPC based on circumstantial evidence including fingerprint matching, recovery of jewellery and blood-stained items. The Supreme Court acquitted him on two main grounds: First, fingerprint impressions obtained by police without a Magistrate's order under Section 5 of the Identification of Prisoners Act, 1920 are admissible because police have independent power under Section 4 to take such impressions, and the absence of prescribed rules does not prevent this. Second, the prosecution failed to establish a complete chain of circumstantial evidence beyond reasonable doubt—the jewellery and cash were unidentified as the deceased's property, blood group matching alone is insufficient without serological comparison, and the knife had no forensic connection to injuries."

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Criminal Procedure Identification of Prisoners Act Evidence Fingerprint Evidence Forensic Evidence Circumstantial Evidence Constitutional Law

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