ANKUSH MARUTI SHINDE AND OTHERS versus STATE OF MAHARASHTRA

ANKUSH MARUTI SHINDE AND OTHERS versus STATE OF MAHARASHTRA

The conviction of the accused cannot be sustained as it was based solely on the identification by PW1 and PW8, which is unreliable due to major contradictory statements, lack of independent or scientific corroborative evidence, and suppression of vital material facts by the prosecution. Failure of fair investigation and infringement of the accused’s rights under Articles 20 and 21 of the Constitution mandated acquittal and compensation.

Parties
Appellants: Ankush Maruti Shinde and Others; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
05 March 2019
Procedural Posture
Criminal Appeal / Supreme Court Final Appellate Judgment
Outcome
Appeals allowed; all accused acquitted for the offences for which they were tried; compensation awarded; State's appeals for enhancement dismissed.
Legal Topics
Dacoity, Murder, Rape, Test Identification Parade, Fair Investigation, Compensation Under Article 142
Criminal Law Constitutional Law Dacoity Murder Rape Test Identification Parade Fair Investigation Compensation Under Article 142

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Parties

Ankush Maruti Shinde and Others

Appellants

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appellate Judgment

Legal Issues

  1. 1 Whether the conviction and death sentence imposed on the accused are sustainable in light of the evidence and investigation?
  2. 2 Whether there was a fair investigation and trial as required under Articles 20 and 21 of the Constitution?
  3. 3 Whether the benefit of doubt and compensation are warranted to the accused in view of lapses in investigation and prosecution?

Ratio Decidendi

The conviction of the accused cannot be sustained as it was based solely on the identification by PW1 and PW8, which is unreliable due to major contradictory statements, lack of independent or scientific corroborative evidence, and suppression of vital material facts by the prosecution. Failure of fair investigation and infringement of the accused’s rights under Articles 20 and 21 of the Constitution mandated acquittal and compensation.

Court Disposition

Appeals allowed; all accused acquitted for the offences for which they were tried; compensation awarded; State's appeals for enhancement dismissed.

Orders

  • All six accused are acquitted for the offences charged and to be released forthwith, if not required in any other case.
  • The State of Maharashtra is directed to pay Rs. 5,00,000 as compensation to each of the accused, to be deposited with the Sessions Court within four weeks for their rehabilitation.