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Criminal LawSupreme Court of India

Yogesh Singh v. Mahabeer Singh & Ors.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1482 of 2013)Decided 20 Oct 2016
Criminal Appeal No. 1482 of 2013
Justice Pinaki Chandra Ghose · Justice Amitava Roy

Background

The deceased, Mohan Singh, was allegedly attacked and killed by a group of accused persons in his village in Mathura district, U.P., in 1982, with several assailants holding him down while others struck him, including an allegation that his head was severed. The Trial Court convicted the accused, but the Allahabad High Court acquitted them of murder. The complainant/appellant challenged the acquittal before the Supreme Court.

Decision Breakdown

The Supreme Court examined the respondents' arguments attacking the eyewitnesses as interested or non-independent, questioning the site plan's consistency with crop height, and challenging the plausibility of certain eyewitness details, and rejected each of them with reference to its own precedents (including on the general public's reluctance to volunteer as witnesses, and on site plans not being grounds to disbelieve credible eyewitnesses). It held that the High Court's view was not a plausible one and that the Trial Court had correctly analysed the evidence. The Court allowed the appeal, set aside the High Court's acquittal, and restored the Trial Court's conviction and sentence, directing the respondents to surrender within a week or be taken back into custody.

Lesson Learnt

An acquittal can be reversed on appeal where the appellate court's reasoning for disbelieving credible eyewitnesses is not a plausible view of the evidence: ordinary explanations like witnesses' reluctance to get involved, or minor inconsistencies in site plans, are not by themselves sufficient grounds to discard otherwise credible testimony.

Yogesh Singh v. Mahabeer Singh & Ors. – Legal Case Shots | LegalAware