Hanna vs The State of Uttar Pradesh

Not available · 2024 INSC 390Decided 1 May 2024
Not available
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

The appellants were convicted by the Trial Court under Sections 302 (murder) and 323 read with Sections 149, 147 and 148 of the Indian Penal Code for an incident dating back to 5th October 1995, in which the mother of the deceased (Pappu @ Har Narayan) alleged her son was killed. The Trial Court sentenced them to life imprisonment, and the High Court upheld the conviction in 2022. The appellants approached the Supreme Court arguing that the eyewitness testimony relied upon was unreliable.

Decision Breakdown

The Supreme Court scrutinised the evidence of the prosecution's witnesses, including PW-3, and found that this witness's testimony was "full of material omissions and contradictions," including a statement that he did not actually see the incident from his shop. The Court concluded that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt. It set aside the judgments of both the High Court and the Trial Court, quashed the conviction and sentence, ordered the appellant on bail to have his bail bonds cancelled, and directed that the other appellants be immediately released.

Lesson Learnt

A criminal conviction cannot stand on eyewitness testimony that is riddled with contradictions and material omissions. Courts must set aside a conviction, however serious the charge, if the prosecution's core evidence does not hold up to scrutiny.

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