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Supreme Court of India 2018-03-21 dismissed

State of Uttar Pradesh, Home Department Secretary vs Om Pal & Ors

Bench: 2 — N.V. Ramana

In Brief

The State of Uttar Pradesh appealed against the High Court's acquittal of three accused (Om Pal, Mukhtiar, and Navin) who had been convicted by the trial court of murdering Mahipal. The trial court had relied on eyewitness testimony from the victim's wife and another witness who claimed to have seen the shooting. The Supreme Court upheld the acquittal, finding that the eyewitness evidence was contradictory, unnatural, and unreliable. The witnesses gave conflicting statements, failed to lodge complaints themselves despite witnessing the crime, and showed suspicious conduct. Since the prosecution's case rested entirely on their credibility, and that credibility was compromised, the accused were entitled to the benefit of doubt.

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Criminal Law Murder Eyewitness Evidence Credibility of Witnesses Appeal Against Acquittal Code of Criminal Procedure

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