AJAY SINGH versus STATE OF MAHARASHTRA

AJAY SINGH versus STATE OF MAHARASHTRA

Conviction cannot stand where alleged extra-judicial confession is inconsistent, unreliable due to witness animosity and diverging accounts, and accused was not questioned regarding key evidence (kerosene on dress) under Section 313 CrPC; prosecution failed to establish charge beyond reasonable doubt.

Source-derived case information.

Parties
Appellant: Ajay Singh; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
06 June 2007
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Bombay High Court Judgment Dated 24.4.2006 in Crl. A. No. 80 of 1996
Outcome
Conviction set aside; appeal allowed.
Legal Topics
Murder, Extra Judicial Confession, Section 313 Cr PC Examination
Criminal Law Murder Extra Judicial Confession Section 313 Cr PC Examination

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Parties

Ajay Singh

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Bombay High Court Judgment Dated 24.4.2006 in Crl. A. No. 80 of 1996

Legal Issues

  1. 1 Whether the alleged extra-judicial confession was voluntary, clear, specific, and reliable for conviction
  2. 2 Whether failure to question the accused on material evidence under Section 313 CrPC vitiates conviction

Ratio Decidendi

Conviction cannot stand where alleged extra-judicial confession is inconsistent, unreliable due to witness animosity and diverging accounts, and accused was not questioned regarding key evidence (kerosene on dress) under Section 313 CrPC; prosecution failed to establish charge beyond reasonable doubt.

Court Disposition

Conviction set aside; appeal allowed.

Orders

  • Appellant to be set at liberty forthwith if not required in any other case.