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Supreme Court of India

Mustkeem @ Sirajudeen v. State of Rajasthan

Neutral citation
Reported as [2011] 9 S.C.R. 101
Bench Asok Kumar Ganguly and Deepak Verma JJ.
Decided 13 July 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the judgment and order of conviction as recorded by Trial Court and confirmed by High Court in Appellants appeal cannot be sustained in law.

Judgment, page 17

From the headnote

Penal Code, 1860: s. 302134 - Murder - Circumstantial evidence - c Conviction by trial court - Upheld by High Court - HELD: Where the case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person - In the instant case, the eye-witnesses and one of the recovery witness, having retracted their statements uls 161CrPC, were not believed bY courts below - As regards other witnesses, there are several discrepancies and

Where later benches applied it

Of those, 3 relied on · 4 referred to · 1 mentioned

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