State Of Punjab vs Gurnam Singh - 1984 Supreme(SC) 253

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1984 Supreme(SC) 253

SUPREME COURT OF INDIA
V.D. TULZAPURKAR, M.P. THAKKAR AND V. KHALID, JJ.
State of Punjab, Appellant
Versus
Gurnam Singh, Respondent.
Criminal Appeal No. 470 of 1976
Decided on 10-9-1984.

Advocates:
DIPAK THAPAR, K.S.THAPAR, M.S.DAS BAHL, Rajiv Datta, S.K.Bagga

Headnote:
Arms Act - Section 25 – Offence - Recovery of - Convicted - Order of acquittal - Respondent was prosecuted for an offence under Section 25 of Arms Act - Trial Court convicted him for said offence and sentenced him to a term of imprisonment for six months - High Court has reversed order of conviction and set aside sentence -State has approached this Court by special leave and has called into question order of acquittal – Held, High Court has taken view that it is unsafe to convict appellant merely on basis of uncorroborated evidence pertaining to alleged recovery of the weapon at instance of the respondent. And that respondent is therefore entitled to benefit of reasonable doubt - View taken by High Court is a plausible one - Appeal dismissed.

JUDGMENT

THAKKAR, J.—The respondent was prosecuted for an offence under Section 25 of the Arms Act. The trial Court convicted him for the said offence and sentenced him to a term of imprisonment for six months. The High Court has reversed the order of conviction and set aside the sentence. The State has approached this Court by special leave and has called into question the order of acquittal.

2. The High Court has taken the view that it is unsafe to convict the appellant merely on the basis of the uncorroborated evidence pertaining to the alleged recovery of the weapon at the instance of the respondent. And that the respondent is therefore entitled to benefit of reasonable doubt. The view taken by the High Court is a plausible one. The appeal must accordingly fail and be dismissed.

Appeal dismissed.

For Citation: AIR 1984 SC 1799(1)

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