Supreme Court of India · 2008-10-01
INSPECTOR OF POLICE, T.N. vs PALANISAMY @ SELVAN
- Citation / case number
- SC 2001/16440
- Court
- Supreme Court of India
- Petitioner
- INSPECTOR OF POLICE, T.N.
- Respondent
- PALANISAMY @ SELVAN
- Author
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court upheld the acquittal of the respondent by the Madras High Court, which found the circumstantial evidence insufficient to establish guilt under Section 302 IPC. The Court emphasized that the testimonies of witnesses PWs 1 and 2 regarding the last seen evidence were unreliable due to lack of familiarity with the accused and the conditions of the night. Additionally, the alleged extra judicial confession to PW3 was deemed unsubstantiated, as he failed to take appropriate action following the confession, leading to the conclusion that the prosecution did not meet its burden of proof.