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may 2019

Supreme Court of India · 2019-05-02

STATE OF GUJARAT vs KALUSINH @ HARPALSINH

Citation / case number
SC 2009/30326
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT
Respondent
KALUSINH @ HARPALSINH
Author
HON'BLE MRS. JUSTICE R. BANUMATHI
Bench
HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MRS. JUSTICE R. BANUMATHI

Judgment text excerpt

The Supreme Court upheld the conviction of accused No.1-Ashok Singh under Section 302 IPC but acquitted accused No.2-Kalusinh due to doubts regarding his identification. The Court emphasized the necessity of clear evidence in criminal cases, particularly when the prosecution's case contains contradictions about who fired the shots. The acquittal was based on the principle of benefit of doubt, as the evidence against Kalusinh was not sufficiently compelling to sustain a conviction under Section 302 IPC.

STATE OF GUJARAT vs KALUSINH @ HARPALSINH · Niyam