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november 1973

Supreme Court of India · 1973-11-23

KAUR SAIN vs THE STATE OF PUNJAB

Citation / case number
SC 1970/60197
Court
Supreme Court of India
Petitioner
KAUR SAIN
Respondent
THE STATE OF PUNJAB
Bench
CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court allowed the appeal against the conviction under Section 9 of the Opium Act, holding that the prosecution's case was based on an uncorroborated statement made by the appellant while in police lock-up, which lacked credibility due to procedural irregularities and contradictions in witness testimonies. The Court emphasized that the appellant was not arrested for possession of opium prior to the statement, and the evidence presented was insufficient to establish guilt beyond reasonable doubt. Consequently, the conviction was overturned, and the appellant was acquitted.

KAUR SAIN vs THE STATE OF PUNJAB · Niyam