STATE OF U.P. versus ASHOK KUMAR & ANOTHER

STATE OF U.P. versus ASHOK KUMAR & ANOTHER

The Supreme Court will not interfere with acquittal in special leave in absence of cogent reasons or gross violation of law; prosecution's evidence on identification from 150 yards and food intake was unreliable and contradicted by medical evidence.

Parties
Appellant: State of U.P.; Respondent: Ashok Kumar; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
02 February 1979
Procedural Posture
Criminal Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Acquittal, Identification Evidence, Section 302 IPC
Criminal Law Acquittal Identification Evidence Section 302 IPC

Case Brief

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Parties

State of U.P.

Appellant

Ashok Kumar

Respondent

Respondent No. 2

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the Supreme Court should interfere with an order of acquittal under special leave when the prosecution case is contradicted by medical evidence and identification is doubtful

Ratio Decidendi

The Supreme Court will not interfere with acquittal in special leave in absence of cogent reasons or gross violation of law; prosecution's evidence on identification from 150 yards and food intake was unreliable and contradicted by medical evidence.

Court Disposition

Appeal dismissed

Orders

  • Order of High Court confirmed
  • Respondent No. 1 directed to be released forthwith