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Supreme Court of India 2022-07-11 allowed

Subhash Chander vs The State of Punjab

Bench: 2 — M. R. Shah, Aniruddha Bose

In Brief

The appellants were convicted by the trial court and upheld by the High Court for murder and robbery under IPC sections 302/34 and 392 on the basis of the complainant's in-court identification and recovery of Rs. 1 lakh from each accused. The Supreme Court allowed the appeal and acquitted them, holding that conviction on the complainant's first-time courtroom identification without a prior Test Identification Parade was unsafe, especially where he had provided no description of the accused in the FIR and contradicted his earlier statements. Additionally, the prosecution failed to prove that the victims were carrying the alleged Rs. 5 lakhs, making the cash recovery irrelevant to the case.

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Criminal Procedure Evidence Eyewitness Identification Test Identification Parade Murder Robbery Credibility of Witnesses First Information Report

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