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Criminal LawSupreme Court of India

State of Uttar Pradesh v. Ravindra @ Babloo and Others

Criminal Appeal · 2019 INSC 1407Decided 18 Dec 2019
Criminal Appeal No. 1887 of 2019
Justice Ashok Bhushan · Justice Navin Sinha

Background

In an assault on 10 January 2002, a father and son were killed and others injured by an armed group; the trial court convicted three of the accused under charges including murder and rioting, relying on the evidence of injured eyewitnesses who were family members of the deceased. The High Court acquitted the three respondents, reversing the trial court's conviction, apparently on the basis of perceived inconsistencies between the medical evidence and the eyewitness accounts. The State of Uttar Pradesh appealed the acquittal to the Supreme Court.

Decision Breakdown

The Supreme Court held that minor variations between medical evidence and eyewitness ("ocular") testimony do not by themselves discredit an injured eyewitness, and that such evidence can only be disregarded if the medical evidence completely rules out the incident happening the way the witnesses described, which was not the case here. The Court also reaffirmed the settled principle that where an unlawful assembly shares a common object, every member present can be held liable for an offence committed in furtherance of that object, without the prosecution needing to prove exactly which member struck which blow. Finding that the High Court's acquittal rested on an erroneous appreciation of credible evidence, the Supreme Court set aside the acquittal, restored the conviction, and directed the respondents to surrender within four weeks to serve the remainder of their sentence. The appeal was allowed.

Lesson Learnt

An appellate court cannot overturn a conviction based on injured eyewitness testimony merely because of minor, non-fundamental differences with the medical evidence: the testimony of a credible injured witness carries strong weight and will not be discarded unless the medical evidence makes the witness's version impossible.

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