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february 1979

Supreme Court of India · 1979-02-02

STATE OF U.P. vs ASHOK KUMAR & ANOTHER

Citation / case number
SC 1976/60830
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
ASHOK KUMAR & ANOTHER
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court held that it would not normally interfere with an order of acquittal unless there are cogent reasons or a gross violation of law resulting in miscarriage of justice, as per established principles. In this case, the Court found glaring defects in the prosecution's story, particularly regarding the identification of the assailants from a distance of 150 yards on a moonlit night, which was deemed implausible. The appeal was dismissed, upholding the High Court's acquittal of the respondents under Section 302 IPC due to insufficient evidence.

STATE OF U.P. vs ASHOK KUMAR & ANOTHER · Niyam