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Supreme Court of India 2019-05-02 dismissed

State of Gujarat vs Kalusinh @ Harpalsinh

Bench: 2 — UNKNOWN, UNKNOWN

In Brief

The Supreme Court dismissed the State's appeal against the acquittal of accused No. 2 in a homicide case where multiple charges including murder, criminal conspiracy, and crimes under the Prevention of Atrocities Act were involved. The High Court had acquitted the accused on grounds that identification evidence was doubtful. The Supreme Court held that in the absence of definite evidence showing which firearm caused the fatal gunshot wounds, and given the doubtful identification, the acquittal could not be termed perverse. The Court declined to interfere with the acquittal, reaffirming the principle that benefit of doubt favors the accused in criminal trials.

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Criminal Law Homicide Evidence Acquittal Firearms Identification Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

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