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october 1990

Supreme Court of India · 1990-10-05

DILAVER HUSSAIN SON OF MOHAMMADBHAILALIWALA ETC. vs STATE OF GUJARAT AND ANR.

Citation / case number
SC 1987/70907
Court
Supreme Court of India
Petitioner
DILAVER HUSSAIN SON OF MOHAMMADBHAILALIWALA ETC.
Respondent
STATE OF GUJARAT AND ANR.
Bench
SAHAI, R.M. (J)

Judgment text excerpt

The Supreme Court acquitted the accused under Section 302 IPC and Section 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act, 1985, emphasizing that the prosecution failed to establish a credible chain of evidence necessary to prove guilt beyond a reasonable doubt. The Court held that emotions and sentiments have no place in legal proceedings, and the credibility of witnesses must be assessed uniformly, regardless of the nature of the crime. The prosecution's inability to demonstrate the presence and identification of the accused during the incident led to the conclusion that the evidence was insufficient to uphold the convictions.

DILAVER HUSSAIN SON OF MOHAMMADBHAILALIWALA ETC. vs STATE OF GUJARAT AND ANR. · Niyam