Two Men Sentenced To Death By Chhattisgarh HC were Acquitted By The Supreme Court of India.

Team SoOLEGAL 6 Mar 2019 12:25pm

Two Men Sentenced To Death By Chhattisgarh HC were Acquitted By The Supreme Court of India.

On Tuesday 5th March 2019, two men were again acquitted by Supreme Court of India whose death sentence was confirmed by the Chhattisgarh High Court.

The 3 Judge bench including Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, acquitted Digamber Vaishnav and Girdhari Vaishnav who were criminally charged with the case of robbery and murder of five women.

 The bench of 3 judges considering the evidence observed that the case of prosecution mainly relied on the deposition made by the child witness. The court held that it is clear from the testimony of the child witness that she was not an eyewitness to the incident and that her evidence is fraught with inconsistencies. The bench said:

"This Court has consistently held that evidence of a child witness must be evaluated carefully as the child may be swayed by what others tell him and he is easy prey to tutoring. Therefore, the evidence of a child witness must find adequate corroboration before it can be relied upon. It is more a rule of practical wisdom than law."

It was also observed by the court that the crime was reported quite late than usual. The examination of an expert is crucial especially if reliance is placed on the finger print report to suspect the guilt of the accused, the bench further said that as we observed, the prosecution did not examine the person who took the sample finger prints.

The court also noted that, even in FIR, there is no averment of any article or money being stolen or lost. Therefore, when the money allegedly recovered is being sought to be relied upon as stolen from the house of the deceased, the same is unreliable when there is nothing on record to support the claim of theft or robbery from the scene of the crime, the court added.

 The bench further added that to explain the factor of last seen together as an incriminating circumstance, there must be relevance between the time of seeing and recovery of the dead body. Holding that it is difficult to draw an inference that the accused had committed the crime, the bench acquitted them and ordered their release.

Tagged: deathsentence   supremecourt   highcourt   acquitted   Chattisgarh      3judgebench  
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