Supreme Court of India
Selvaraj @ Chinnapaiyan v. State Represented by Inspector of Police
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What the Court ordered
We are of the view that the trial court and the High Court have erred in law in holding that the charge of offence punishable under Section 302 IPC stood proved against the appellant Selvaraj. 238 SUPREME COURT REPORTS [2014] 11 S.C.R. A.
Judgment, page 9
From the headnote
Penal Code, 1860 - s. 302 - Prosecution case that appellant-father strangulated the child and three days later the child died - Conviction of appellant uls. 302 by courts below - On appeal, held: On facts, prosecution could not successfully prove homicidal death of the child and the charge of offence punishable u/s. 302 as against the appellant who is in jail for about eight years - Thus, the courts below erred in holding that the charge stood proved against the appellant - Order of conviction and sentence against the appellant set aside. Allowing the appeal, the Court HELD: 1.1. In the
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