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october 2008

Supreme Court of India · 2008-10-01

Inspector Of Police, T.N vs Palanisamy @ Selvan

Citation / case number
AIR 2009 SUPREME COURT 1012
Court
Supreme Court of India
Petitioner
Inspector Of Police, T.N
Respondent
Palanisamy @ Selvan
Bench
Arijit Pasayat, Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the Madras High Court's acquittal of the respondent in a murder case under Section 302 IPC, emphasizing the unreliability of circumstantial evidence presented by the prosecution. The Court found that the testimonies of witnesses PW1 and PW2 regarding the last seen theory were not credible due to the lack of familiarity with the accused and the conditions of the night. Furthermore, the alleged extra judicial confession made to PW3 was deemed unsubstantiated, as PW3 failed to take appropriate action following the confession, leading to the conclusion that the prosecution did not meet its burden of proof.

Inspector Of Police, T.N vs Palanisamy @ Selvan · Niyam