Supreme Court of India · 2002-03-07
Rajesh @ Raju Chandulal Gandhi & Anr vs State Of Gujarat
- Citation / case number
- AIR 2002 SUPREME COURT 1412
- Court
- Supreme Court of India
- Petitioner
- Rajesh @ Raju Chandulal Gandhi & Anr
- Respondent
- State Of Gujarat
- Bench
- R.P. Sethi, K.G. Balakrishnan
Judgment text excerpt
The appellant challenged the concurrent findings of the lower courts regarding the reliability of eyewitness testimony in a criminal case. The Supreme Court considered whether it could re-appreciate evidence in a special leave appeal when the presence of eyewitnesses was alleged to be improbable and the FIR potentially ante-timed. The court reiterated that it cannot ordinarily embark upon a fresh appreciation of evidence in the face of concurrent findings unless substantial illegality is shown.