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january 2008

Supreme Court of India · 2008-01-22

Shaikh Rafiq & Another vs State Of Maharashtra

Citation / case number
AIR 2008 SUPREME COURT 1362
Court
Supreme Court of India
Petitioner
Shaikh Rafiq & Another
Respondent
State Of Maharashtra
Bench
P.P. Naolekar, Markandey Katju

Judgment text excerpt

The Supreme Court held that the conviction of the appellants under Section 302 IPC was not sustainable due to the unreliability of the dying declaration recorded by the police officer, as it lacked proper medical endorsement regarding the deceased's fitness to make a statement. The Court emphasized that the absence of corroborative evidence and the improbability of the prosecution's narrative further weakened the case against the appellants. Consequently, the Court acquitted the appellants, overturning the lower courts' decisions.

Shaikh Rafiq & Another vs State Of Maharashtra · Niyam