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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Hasan Mohamed – Appellant
Versus
State, represented by The Inspector of Police, Thirukkokarnam Police Station – Respondent
| Table of Content |
|---|
| 1. prosecution case summary and trial proceedings. (Para 2 , 3 , 4 , 5 , 6) |
| 2. parties' contentions on evidence reliability. (Para 7 , 8) |
| 3. eyewitness credibility and accused's injuries. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. confession, conduct, forensics prove guilt. (Para 17 , 18 , 19 , 20 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. appeal dismissed, conviction confirmed. (Para 31) |
JUDGMENT :
R.POORNIMA, J.
This Criminal Appeal is filed against the judgment of conviction and sentence passed by the Mahila Court, Pudukkottai, in S.C. No.42 of 2017 dated 30.01.2023 and consequently to acquit the appellant.
2. The complaint was lodged by P.W.1, the husband of the deceased under Ex.P.1 with the following averments :
(i) On 19.10.2016, he received information that his wife was found lying in a pool of blood with injuries. Immediately, he rushed to his house and found his wife with a stab injury on the left side of her neck. He immediately took her to the hospital for treatment at about 3.40 p.m., where she was declared brought dead.
(ii) The complaint was lodged at about 16.50 hours. On the same day, at about 16.50 hours, the FIR was registered under Section 302 IP
Eyewitness testimony, accused's conduct, confession, and forensic evidence prove attempted robbery and murder beyond doubt despite minor investigative lapses.
The conviction was affirmed based on consistent eyewitness accounts and forensic evidence, notwithstanding minor inconsistencies.
A conviction under Section 302 IPC requires reliable evidence beyond hearsay; mere allegations without corroboration are insufficient for a guilty verdict.
The main legal point established in the judgment is the importance of reliable and convincing evidence in proving the guilt of the accused beyond reasonable doubt.
The court reaffirmed the credibility of eyewitness accounts in criminal proceedings, emphasizing their significance even amid investigative lapses.
The testimony of eyewitnesses, especially injured witnesses, and the nature of injuries carry great weight in establishing guilt in criminal cases.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
Conviction set aside - Prosecution failed to prove the circumstances relied upon by them to establish the guilt of the accused beyond reasonable doubt.
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