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Criminal LawSupreme Court of India

Jai Prakash Tiwari vs The State of Madhya Pradesh

Criminal AppealDecided 4 Aug 2022
Criminal Appeal No. 704 of 2018
N.V. Ramana · Krishna Murari · Hima Kohli

Background

The appellant was convicted by a trial court and had his conviction confirmed by the Madhya Pradesh High Court for allegedly firing a country-made pistol at a complainant outside the complainant's house at night in 2003, and for related Arms Act offences. The prosecution's case rested chiefly on the complainant's own testimony and that of his mother, since the other named eyewitnesses (neighbours) turned hostile and denied seeing the shooting. No bullet, cartridge case, or gunpowder residue was recovered from the scene, and the witnesses to the seizure of the alleged weapon and motorcycle gave contradictory accounts. The accused set up a defence of alibi (that he was in his village that night due to his mother's illness) and alleged false implication due to student-election rivalry, supported by two defence witnesses.

Decision Breakdown

The Supreme Court found the mother's eyewitness account unreliable. She gave inconsistent versions of whether she witnessed the firing or only heard it, admitted she did not know the accused beforehand, and it was improbable she could positively identify him at night in a fleeting glimpse without any identification parade. The seizure witnesses contradicted each other and one was declared hostile. There was no forensic/ballistic link between the recovered pistol and the alleged firing. The Court also held that the trial court and High Court failed in their duty under Section 313 CrPC to seriously engage with the accused's alibi defence, which, per settled law, need only be proved on a preponderance of probabilities, not beyond reasonable doubt, and once raised, must be affirmatively rebutted by the prosecution. Concluding that the conviction rested on conjecture rather than credible, corroborated evidence, the Court allowed the appeal and set aside the conviction and sentence.

Lesson Learnt

A criminal conviction cannot rest on inconsistent, uncorroborated witness testimony and an unlinked recovery of a weapon; when an accused raises a plausible alibi defence under Section 313 CrPC, courts must genuinely engage with and weigh it rather than dismissing it as an "afterthought" without real scrutiny.

Jai Prakash Tiwari vs The State of Madhya Pradesh – Legal Case Shots | LegalAware