Delay in Test Identification & Absence of Motive Fatal to Prosecution: Allahabad High Court Acquits Man for Murder Tokre Koli or Dhor Koli – Both Stand on Same Legal Footing: Bombay High Court Slams Scrutiny Committee for Disregarding Pre-Constitutional Records Consent Is No Defence When Victim Is Under 16: Delhi High Court Upholds Rape Conviction Granting Pre-Arrest Bail in Minor Rape Cases Would Send a Harmful Societal Signal: Delhi High Court Refuses Anticipatory Bail to Accused Citing POCSO’s Rigorous Standards Void Marriage No Shield Against Cruelty Charges: Karnataka High Court Affirms Section 498A Applies Even In Deceptive and Void Marital Relationships Consolidation Authorities Cannot Confer Ownership Or Alter Scheme Post Confirmation Without Due Process: Punjab & Haryana High Court Reaffirms Civil Court’s Jurisdiction Over Void Post-Scheme Orders Litigation Policy is Not Law, Can’t Enforce Guidelines Through Courts: Rajasthan High Court Refuses to Entertain Quo Warranto Against Additional Advocate General’s Appointment Police and Lawyers Are Two Limbs of Justice System: Rajasthan High Court Takes Suo Motu Cognizance in Police Misconduct Incident Sole Testimony, Forensic Gaps, and Withheld Witness: No Conviction Possible: Delhi High Court Affirms Acquittal in Murder Trial Remand Keeps the Dispute Alive – Not Arrears: Bombay High Court Holds SVLDRS Relief Must Be Computed Under Litigation Category Use of ‘Absconding’ in Employment Context Not Defamatory Per Se, But A Privileged Communication Under Exception 7 of Section 499 IPC: Allahabad High Court Daughter’s Right Extinguished When Partition Effected Prior to 2005 Amendment: Madras High Court Trial Courts Cannot Direct Filing of Challan After Conviction — Punjab & Haryana High Court Quashes Directions Against DSP Veer Singh Rule 4 Creates Parity, Not a Parallel Pension Pipeline: Rajasthan High Court Denies Dual Pension to Ex-Chief Justice Serving as SHRC Chairperson Right to Be Heard Must Be Preserved Where Claim Has a Legal Basis: Orissa High Court Upholds Impleadment of Will Beneficiary in Partition Suit Long-Term Ad Hocism Is Exploitation, Not Employment: Orissa High Court Orders Regularization Of Junior Typist After 25 Years Of Service PIL Cannot Be a Tool for Personal Grievances: Supreme Court Upholds Municipal Body’s Power to Revise Property Tax After 16 Years Omission of Accused’s Name by Eyewitness in FIR is a Fatal Lacuna: Supreme Court Acquits Man Convicted of Murder Correction In Revenue Map Under Section 30 Isn’t A Tool To Shift Plot Location After 17 Years: Supreme Court Quashes High Court’s Remand Casteist Abuses Must Be In Public View: Supreme Court Quashes SC/ST Act Proceedings Where Alleged Insults Occurred Inside Complainant’s House Resignation Bars Pension, But Not Gratuity: Supreme Court Draws Sharp Line Between Voluntary Retirement and Resignation in DTC Employee Case Patta Without SDM’s Prior Approval Is Void Ab Initio And Cannot Be Cancelled – It Never Legally Existed: Allahabad High Court Natural Guardian Means Legal Guardian: Custody Cannot Be Denied to Father Without Strong Reason: Orissa High Court Slams Family Court for Technical Rejection Affidavit Is Not a Caste Certificate: Madhya Pradesh High Court Sets Aside Zila Panchayat Member's Election for Failing Eligibility Under OBC Quota Confession Recorded By DCP Is Legally Valid Under KCOCA – Bengaluru DCP Holds Rank Equivalent To SP: Karnataka High Court Difference of Opinion Cannot End in Death: Jharkhand High Court Commutes Death Sentence in Maoist Ambush Killing SP Pakur and Five Policemen Mere Presence Of Beneficiary During Execution Does Not Cast Suspicion On Will: Delhi High Court Litigants Have No Right to Choose the Bench: Bombay High Court Rules Rule 3A Is Mandatory, Sends Writ to Kolhapur Testimony Must Be of Sterling Quality: Himachal Pradesh High Court Acquits Grandfather in Rape Case, Citing Unnatural Conduct and Infirm Evidence Cheating and Forgery Taint Even Legal Funds: No Safe Haven in Law for Laundered Money: Bombay High Court Final Maintenance Is Not Bound by Interim Orders – Section 125 Determination Must Be Based on Real Evidence: Delhi High Court

Single person's statement alone cannot lead to conviction, rules Supreme Court

07 May 2024 8:19 AM

By: Admin


In a recent judgement B. S. HARI COMMANDANT Vs UNION OF INDIA & ORS. D.D. 13 April 2023, the Supreme Court has quashed and set aside the conviction and sentence awarded to a retired Army personnel by the General Security Force Court (GSFC). The court has held that the statement of a single person alone, in this instance, ought not to have resulted in the conviction of the accused without other material(s) incriminating him or pointing to his guilt.

The case pertains to a retired Army personnel who was convicted by the GSFC for alleged financial irregularities. The appellant had challenged the conviction and sentence in the High Court, which was dismissed. The appellant then filed a Special Leave Petition before the Supreme Court, which has now allowed the appeal.

The court observed that except for the statement of a co-accused, there was no material against the appellant, and the statement of a co-accused cannot be treated as substantive evidence to convict anyone other than the person who made the confession. It can only be relied upon if there is sufficient evidence on record to support the case of the prosecution.

The court also held that the High Court ought to have examined the matter threadbare, particularly since it did not involve navigating a factual minefield. The High Court, while declining to consider the plea raised on the insufficiency of evidence, had observed that the findings of a Security Force Court are beyond the purview of a writ Court, which the Supreme Court held to be incorrect.

The Supreme Court reiterated that High Courts, under Articles 226 and/or 227, are to exercise their discretion solely by the dictates of judicial conscience enriched by judicial experience and practical wisdom of the judge. The court held that the case was a fit one for the High Court to have examined the matter threadbare.

The court also issued additional directions stating that as a matter of practice, all courts and tribunals should number paragraphs in all orders and judgments in seriatim, factoring in the judgments afore extracted, to enhance the structure, readability and accessibility of the judgments.

The appellant has been held entitled to full retiral benefits from the date of his superannuation till date, and all payments due to him are to be processed and made within twelve weeks from the date of the judgement, after adjusting any amount(s) already paid.

B. S. HARI COMMANDANT Vs UNION OF INDIA & ORS

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/04/13-Apr-2023-B.S.-HARI-COMMANDANT-Vs-UOI-Crim.pdf"]

Latest Legal News