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.