Mitali Palnitkar
Published on: March 3, 2022 at 18:40 IST
The Supreme Court while dismissing a Criminal Appeal filed by a Murder Accused remarked that the Prosecution is required to prove its Case beyond reasonable doubt and not beyond all iota of doubt.
The Bench hearing the matter comprised Justices Indira Banerjee and V Ramasubramanian. Karan Singh and others were accused of the Murder of deceased Brahmapal Singh. The incident had taken place in April, 1980.
On August 1, 1983; the Accused persons were convicted for Murder and were sentenced to Life Imprisonment by the Trial Court. A Criminal Appeal was filed by Karan Singh and others in 1983.
All the Accused except Singh died while the Appeal was pending before the High Court. In July 2018, the Appeal was dismissed by the High Court. Thereafter, Singh approached the Supreme Court.
Despite several contentions being raised on the behalf of Appellant, it was noted by the Bench that the presence was proved by two Eyewitnesses. Also, it was proved by the Eyewitness that the Appellant had carried a rifle.
In this Case, the Bench relied on various Precedents wherein it was held that undue importance shall not be given to omissions, contradictions, and discrepancies by a Court as they affect the basic version of the Prosecution Witness.
The Bench observed, “The fact that one of the injured witnesses may not have mentioned the mane of the Appellant Karan Singh does not demolish the evidence of the other witnesses.”
It further stated that the Appeal would have taken years and that the other Accused persons died during the Appeal cannot be a ground to Acquit the Appellant.
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