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Supreme Court of India 2019-12-09 allowed

UNION OF INDIA vs DAFADAR KARTAR SINGH

Bench: 3 — N.V. Ramana, L. Nageswara Rao, V. Ramasubramanian

In Brief

Dafadar Kartar Singh was tried by Summary Court Martial for house breaking by night under the Army Act, 1950 and IPC, found guilty, and sentenced to imprisonment, dismissal and reduction in rank. The Armed Forces Tribunal set aside the conviction, relying on contradictions in the victim's identification testimony. The Supreme Court reversed the Tribunal's order, holding that its judgment improperly ignored substantial corroborating evidence—including testimony from a child present during the intrusion, witnesses at the scene, medical evidence of fresh injuries, and photographic evidence. The Court restored the conviction and sentence, though modifying imprisonment to time already served, as the convergence of eyewitness accounts and physical evidence established guilt beyond reasonable doubt.

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Military Law Criminal Procedure Evidence Court-Martial Armed Forces Criminal Appeal

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