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Amrik Singh vs. The State of Punjab

Criminal Appeal · 2022 INSC 667Decided 11 Jul 2022
Criminal Appeal No. 993 of 2012
M.R. Shah · Aniruddha Bose · B.V. Nagarathna

Background

The complainant and the deceased, Gian Chand, were riding a scooter carrying Rs. 5 lakh (sale proceeds) when three men allegedly threw chilli powder in the complainant's eyes, tried to snatch the scooter, and one of them shot Gian Chand dead. Amrik Singh and Subhash Chander were convicted by the trial court, and the conviction was upheld by the Punjab and Haryana High Court, based mainly on the complainant identifying them in court (with no prior Test Identification Parade) and recovery of Rs. 1 lakh in cash from each accused.

Decision Breakdown

The Supreme Court found that the prosecution itself had failed to prove that Rs. 5 lakh was actually being carried in the scooter, undermining the significance of the cash recovered from the accused. On identification, the complainant's original FIR gave only a vague description (age and general appearance) with no claim of prior acquaintance, and in cross-examination he admitted the accused were shown to him for the first time in court, without any TIP being conducted. Relying on precedent that in-court identification unsupported by a TIP is inherently weak, especially absent corroborating detail in the first version (the FIR), the Court held the conviction unsafe. Both accused were acquitted and ordered released.

Lesson Learnt

A criminal conviction cannot rest solely on a witness identifying the accused for the first time in the courtroom years after the crime, especially when no Test Identification Parade was held and the original police complaint gave no distinguishing description of the culprits. Courts require more solid corroboration before convicting someone of a serious offence.

Official source (sci.gov.in)View Judgment (PDF)

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