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Supreme Court of India 2019-01-14 dismissed

State of Madhya Pradesh vs Makrand Singh and Ors

Bench: 2 — N.V. Ramana, Mohan M. Shantanagoudar

In Brief

The Supreme Court upheld the High Court's acquittal of three accused persons charged with the murder of three family members and dakaiti (robbery) of Rs. 30,000 cash and Rs. 8,00,000 worth of gold and silver ornaments. The Court held that the prosecution's case, built largely on involuntary custodial confessions and unreliable circumstantial evidence, failed to meet the burden of proof. Key infirmities included: the 'last seen' witnesses' crucial testimony was omitted from the contemporaneous FIR; recoveries were based on confessions obtained through coercion in violation of Article 20(3); the ornament identification process lacked proper procedure; and fingerprint evidence was compromised by interested witness involvement. The Court reaffirmed that involuntary confessions and their derivative evidence violate constitutional protections and cannot sustain conviction.

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Criminal Procedure Constitutional Law Evidence Law Right Against Self-Incrimination Custodial Confession Circumstantial Evidence Acquittal Murder and Robbery Identification Procedure Fingerprint Evidence

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