Supreme Court of India
Sudam @ Rahul Kaniram Jadhav v. The State of Maharashtra
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered opinion that there was a reasonable probability that this Court would have set aside the sentence of death in appeal, since the only surviving evidence against the Petitioner herein pertains to his motive to commit the crime, the circumstance of “last seen” and a solitary extra- judicial confession.
Judgment, page 20
From the headnote
Review Jurisdiction: Scope of r eview in criminal pr oceedings – Held: In criminal pr oceedings, the scope of r eview jurisdiction of Supreme Cour t is guided by Art.137 of the Constitution as well as Or.XL r.10 of the Supreme Court Rules, 1966, which permit the Cour t to cor rect miscar riage of justice caused by an er ror appar ent on the face of the r ecord – Supr eme Court cannot re-appreciate evidence in its entir ety in the exer cise of its r eview jurisdiction. Penal Code, 1860: s.302 – Cir cumstantial evidence – Conviction by cour ts below and upheld by Supr eme Cour t – Review
Authorities it was built on
- 2009 Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra
- 2015 Union of India v. V. Sriharan @ Murugan & Ors.
- 2011 Ramesh v. State of Rajasthan
- 2014 Ashok Debbarma @ Achak Debbarma v. State of Tripura
- 2007 Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka
- 1980 P. N. Eswara Iyer v. The Registrar, Supreme Court of India
- 1999 Suthenthiraraja@ Santhan and Ors. Etc. Etc. v. State through Dsp/cbi, Sit, Chennai Etc. Etc.
- 2017 Vikram Singh @ Vicky Walia and Anr. v. State of Punjab and Anr.
- 2013 Sushil Sharma v. The State of N.C.T. of Delhi
Where later benches applied it
Of those, 1 relied on
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