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april 2009

Supreme Court of India · 2009-04-01

STATE OF KERALA vs SURESH @ SUBHASH .

Citation / case number
SC 2004/20233
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
SURESH @ SUBHASH .

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 findings of the Kerala High Court. The Court noted that both lower courts found the prosecution's evidence, particularly that of the injured witness (PWI), to be unreliable due to unexplained delays in the FIR reaching the Magistrate and doubts regarding the authenticity of the FIR. The Court concluded that the prosecution failed to present a cogent and credible case, leading to the dismissal of the appeal.

STATE OF KERALA vs SURESH @ SUBHASH . · Niyam