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Supreme Court of India 2017-01-19 allowed

Virender Singh vs State of Haryana

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The accused was convicted of murdering his young daughter and destroying evidence after allegedly administering poison; the victim's body was taken to hospital and then buried. On appeal, the Supreme Court found the main evidence was the retracted statement of the child's mother (the accused's wife), who recanted in court and was declared hostile. Medical evidence showed death resulted from head injury, with no opinion that poison alone was fatal. Since the prosecution never alleged the accused caused the injury, and the key witness's statements were inadmissible after recantation, the Court acquitted him, holding that suspicion cannot substitute for evidence."

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Criminal Procedure Homicide Witness Examination Medical Evidence Circumstantial Evidence Burden of Proof

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