Supreme Court of India

Vijay Kumar v. State of Rajasthan

Neutral citation
Reported as [2014] 1 S.C.R. 1078
Bench T.S. Thakur and C. Nagappan JJ.
Decided 18 February 2014

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.

What the Court ordered

We are of the considered opinion that both the Courts below fell in error in coming to the conclusion that the prosecution has established its case based 1092 SUPREME COURT REPORTS [2014] 1 S.C.R. A on circumstantial evidence beyond all reasonable doubt.

Judgment, page 14

From the headnote

PENAL CODE, 1860: c ss. 302 rlw 120- , 460 and 382 - Circumstantial evidence - Conviction by courts below - Held: Witness has made material improvements while deposing in court and such evidence cannot be safe to rely upon -- Evidence adduced by prosecution to prove second and third circumstances does 0 not pass the test of credibility and is liable for rejection - The recoveries made indicate that the articles recovered were not in exclusive possession of the appellants - Further, none of the precaution that ought to have been taken to ensure fair identification of the articles recovered was

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