A Drafting Error Cannot Override Constitutional Rights: Rajasthan High Court Directs Correction In Udaipur Master Plan–2031 To Uphold Property Rights Uttering That a Woman Is a Prostitute in Public Can Amount to Abetment of Suicide: Bombay High Court Declines to Quash FIR Under Section 306 IPC PMLA | Stay on Predicate Offence Eclipses Money Laundering Probe; NBWs Cancelled for Cooperating Accused: Allahabad High Court Falsus in Uno, Falsus in Omnibus Not Applicable in Criminal Law: Patna High Court Mere Loan Default Doesn’t Justify Look Out Circular Without Criminality: Delhi High Court Rejects Bank of Baroda’s Appeal Consent, Not Calendar, Governs Divorce by Mutual Consent: Delhi High Court Says Separation and Cooling-Off Periods Under Hindu Marriage Act Can Be Waived Termination Without Hearing Violates Natural Justice: Gauhati High Court Quashes Railway Contract Rescission Right To Speedy Trial Cannot Override Statutory Bar Of NDPS Act: J&K High Court Denies Bail For Commercial Drug Offence Despite 3.5 Years Custody Inheritance Isn’t Lost in Whispered Settlements: Kerala High Court Says Oral Family Claims Can’t Defeat Sisters’ Equal Share Suit Barred by Law Must Be Dismissed at Threshold – No Evidence Needed When Limitation is Clear from the Plaint Itself: Madhya Pradesh High Court Admission That Plaintiff’s Gate Opens onto Disputed Land Clinches Case — No Ownership Proven, Common Passage Must Be Preserved: Punjab & Haryana High Court Axis Bank Must Refund ₹8.20 Crores Withdrawn in Violation of Trial Court Orders: Rajasthan High Court Reasserts Judicial Supremacy Permissive Possession Is Not Adverse Possession: Punjab & Haryana High Court Overturns Ownership Claim Over Agricultural Land Registered Sale Deeds Carry Presumption of Ownership; Benami Plea Unsustainable Without Cogent Proof: Madras High Court Grants Partition Eligibility Criteria Must Have Rational Nexus With Objective: Orissa High Court Upholds ₹9 Crore Turnover Requirement In Hospital Diet Tender Mere Multiplicity of Ailments Is Not Ground for Bail Under UAPA: J&K High Court Dismisses Medical Bail Plea of Mian Abdul Qayoom Executing Court Cannot Direct Third Parties to Enforce Arbitral Orders Beyond Their Legal Limits: Delhi High Court Sets Aside CoA Order Against Jamia Hamdard Administrative Officer Can’t Question Validity of Registered Adoption Deed: Allahabad High Court Quashes Rejection of Compassionate Appointment Delay of Over Two Months in Eyewitness Disclosure is Inexplicable and Erodes the Core of the Prosecution’s Case: Bombay High Court Acquits Two Men Convicted of Murder Litigants Must Not Suffer for Clerical Errors Committed by the Court: Bombay High Court Allows Delayed Defence in Sibling Defamation Suit Courts Cannot Conduct a Mini-Trial at Cognizance Stage—Delhi High Court Upholds Summoning in SC/ST Act, IPC Case Involving Police Officer Liberty Cannot Override the Horrors of Lynching: Bombay High Court Denies Bail in Palghar Mob Killing Case Exorbitant Damages Without Proof Are Unsustainable: Madhya Pradesh High Court Strikes Down ₹3.84 Lakh Monthly Damage Order Against Industrial Occupant Specialization Cannot Be Used as a Tool for Harassment: Allahabad High Court Quashes Mid-Term Transfer of Law Officer for Violating Bank's Transfer Policy Delay in Passing Arbitral Award Not Sufficient to Invalidate It Unless Prejudice Is Proven: Bombay High Court Upholds ₹43 Crore Arbitral Award Against Director-Guarantor Builder Disputes Can't Be Dressed as Criminal Offences to Seek FIRs: Delhi High Court Dismisses Writ Seeking CBI Probe Against NBCC Mere Plea of Oral Partition Not Sufficient Without Corroborative Evidence: Karnataka High Court Plaintiff Cannot Claim 2/3 Share Without Proving Settlement or Joining All Co-Heirs: Madras High Court Manipulation of Public Issue, Ante-Dated Stock-Invests by Chartered Accountant Unbecoming of the Profession: Delhi High Court Suspends ICAI Member for One Year Allegations Show Continuing Offence— MP High Court Declines to Quash FIR Against NRI Husband, In-Laws Accused of Dowry Demands and Cruelty

"Supreme Court Acquits Convicts in Murder Case, Cites 'Inconsistencies in Eyewitness Accounts' and 'Delayed FIR' as Grounds for Acquittal"

07 May 2024 8:19 AM

By: Admin


In a landmark decision, the Supreme Court of India acquitted the appellants previously convicted for the murder of Ellahabadiya alias Vijay. The bench, comprising Justices J. B. Pardiwala and Manoj Misra, cited "inconsistencies in eyewitness accounts" and a "delayed FIR" as significant factors leading to the acquittal.

The appellants had been convicted under Section 302 of the Indian Penal Code by both the High Court and the Trial Court. However, the Supreme Court found several gaps in the prosecution's case, which led to the overturning of the previous judgments.

Justice Manoj Misra, in his observation, stated, "The prosecution has not been able to convincingly prove the genesis of the crime as also the manner in which the murder took place and by whom." The court pointed out that the evidence led by the prosecution gives rise to a "strong probability of the killing being a consequence of mob action on the deceased for his alleged involvement with a lady of the village."

The court also questioned the credibility of the First Information Report (FIR), which was lodged the next day by a village chowkidar from a neighboring village who was not an eyewitness to the incident. "When an FIR is delayed, in the absence of proper explanation, the courts must be on guard and test the evidence meticulously to rule out the possibility of embellishments in the prosecution story," the judgment read.

Another significant observation was related to the inconsistencies in the testimonies of the main eyewitnesses, identified as PW-2 and PW-6. The court found their accounts unreliable due to contradictions and failure to explain key aspects of the case.

The court concluded by giving the appellants the benefit of the doubt, stating, "Due to inconsistencies in eyewitness accounts, delayed FIR, and lack of conclusive evidence, the appellants are acquitted and given the benefit of the doubt."

The decision has been hailed as a significant one, emphasizing the importance of meticulous examination of evidence and witness testimonies in criminal cases.

Date of Decision:  September 05, 2023

HARILAL ETC. vs STATE OF MADHYA PRADESH

Latest Legal News