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.