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Criminal LawSupreme Court of India

Pappi @ Mehboob v. State of Rajasthan

Criminal Appeal · 2019 INSC 140Decided 5 Feb 2019
Criminal Appeal No. 497 of 2009
Justice A.M. Khanwilkar · Justice Ajay Rastogi

Background

The appellant and several others were accused of fatally assaulting a man named Guddu @ Shahjad with swords in Kota, Rajasthan, in 1998, inflicting 67 injuries on him. The trial court convicted the appellant and three co-accused, but on appeal the High Court acquitted the three co-accused (giving them the benefit of doubt because their case was similar to that of two other suspects who had never been convicted), while upholding the appellant's conviction under Section 302 IPC alone. The appellant challenged his conviction before the Supreme Court, arguing that since his co-accused had been acquitted on similar evidence, he too deserved acquittal.

Decision Breakdown

The Supreme Court held that the acquittal of co-accused on a benefit-of-doubt basis does not automatically entitle another accused to acquittal where there is independent, reliable evidence specifically establishing his own role. It found that two eyewitnesses, one of them an injured witness, had consistently and credibly testified that the appellant struck the first sword blow and continued the assault, a account corroborated by the extent and nature of the victim's 67 injuries and the post-mortem findings. Holding that this direct evidence was sufficient on its own to sustain the conviction regardless of what happened to the co-accused, the Court dismissed the appeal and cancelled the appellant's bail bond.

Lesson Learnt

In a criminal trial, each accused's guilt is assessed on the evidence specific to them: the fact that co-accused were acquitted (rightly or wrongly) does not by itself entitle another accused to acquittal if there is clear, credible evidence establishing that particular person's own role in the crime.

Pappi @ Mehboob v. State of Rajasthan – Legal Case Shots | LegalAware