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april 2009

Supreme Court of India · 2009-04-01

State Of Kerala vs Suresh @ Subhash & Ors

Citation / case number
AIRONLINE 2009 SC 253
Court
Supreme Court of India
Petitioner
State Of Kerala
Respondent
Suresh @ Subhash & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, D.K. Jain, Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the acquittal of five accused under Sections 143, 147, 148, 109, 449, and 302 read with Section 149 IPC, affirming the Kerala High Court's decision. The Court noted that both the trial court and the High Court found the prosecution's case to be unconvincing due to unexplained delays in the FIR reaching the Magistrate and doubts regarding the credibility of the witness PWI. The Court emphasized that the prosecution failed to provide a satisfactory explanation for the discrepancies in the FIR timing, leading to the dismissal of the appeal.

State Of Kerala vs Suresh @ Subhash & Ors · Niyam