CHANDAN & OM PRAKASH versus STATE OF RAJASTHAN

CHANDAN & OM PRAKASH versus STATE OF RAJASTHAN

In the absence of corroboration of the accomplice's testimony by independent evidence connecting the accused with the crime, and with the evidence of recovery or identification of articles failing to provide such corroboration, the conviction cannot be sustained.

Parties
Appellant: Chandan; Appellant: Om Prakash; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
12 January 1988
Procedural Posture
Criminal Appeal / Supreme Court of India, Final Appellate Stage
Outcome
Appeals allowed. Conviction and sentence set aside. Appellants to be set at liberty forthwith.
Legal Topics
Accomplice Evidence, Corroboration, Test Identification, Murder
Criminal Law Evidence Law Accomplice Evidence Corroboration Test Identification Murder

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Parties

Chandan

Appellant

Om Prakash

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court of India, Final Appellate Stage

Legal Issues

  1. 1 Whether conviction can be sustained on sole testimony of an accomplice without independent corroboration.
  2. 2 Whether evidence of recovery and identification is sufficient corroboration.

Ratio Decidendi

In the absence of corroboration of the accomplice's testimony by independent evidence connecting the accused with the crime, and with the evidence of recovery or identification of articles failing to provide such corroboration, the conviction cannot be sustained.

Court Disposition

Appeals allowed. Conviction and sentence set aside. Appellants to be set at liberty forthwith.

Orders

  • The sentence and conviction passed against both the accused are set aside.
  • The appellants shall be set at liberty forthwith.