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.