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Supreme Court of India 2021-11-24 partly_allowed

STATE OF RAJASTHAN vs BABLU @ OM PRAKASH

Bench: 2 — Uday Umesh Lalit, Ajay Rastogi

In Brief

In this criminal appeal, the Supreme Court set aside the High Court's acquittal of 11 accused persons in a case involving a mob assault that resulted in one death and injuries to another. While the Trial Court had convicted all 13 accused under IPC Sections 147, 148, 149, 302, and 307, the High Court had acquitted 11 of them, reasoning that eyewitnesses had not named them in specific terms. The Supreme Court held that the High Court erred in applying a blanket multi-witness corroboration test to all accused. The Court clarified that credible eyewitness testimony attributing specific overt acts to accused is sufficient for conviction, even without multiple witness corroboration for each act, provided the witnesses are reliable and their accounts consistent. The Court partly allowed the appeals, restoring convictions of 6 accused against whom multiple eyewitnesses attributed specific acts, while confirming the acquittal of 5 others.",

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Criminal Law Unlawful Assembly Common Object Evidence and Witness Testimony Standards of Appellate Review Assault and Homicide IPC Section 149

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